Tort Law — Protecting the Rights of Injured Victims

Tort law provides monetary compensation for victims of any wrongful act, whether accidental and intentional. And since tort covers all negligence cases which result in harm, this law is the most widely-used argument by injured victims.

Elements of Negligence According to Tort Law

1. Duty - the person has a duty to provide safety and security to others but failed in doing so.
2. Breach of duty - the person has failed to do his responsibilities and duties in ensuring and providing safety and security to other people.
3. Causation - the injuries the victims have sustained is caused by the negligence of another person.
4. Damages - the victim should received monetary compensation to cover the damages and injuries he sustained.

Some examples of negligence cases:

• Slip and fall accidents
• Road accidents
• Plane crash
• Animal attacks (dog bites)
• Premise liability accidents
• Product liability accidents
• Work-related accidents

According to a recent study, more than half of personal injury cases are caused by negligence of a person who is supposed to provide safety to others. In an effort to discourage reckless behavior, the tort law requires the liable parties to pay their victims with a rightful amount of compensation that will cover the following:

• Payment for the loss of wages of the victims.
• Compensation for the complete loss or diminished earning capacity of the injured victim.
• Reparation for the pain and suffering and other non-economic losses
• Compensation for all the medical expenses (medication, doctor's fee, therapy, and future hospital needs)
• Damages for the mental and emotional distress which resulted from the accident
• Compensation for the damages in property
• Reparation for disability and disfigurement
• Punitive damages (this compensation is given to victims if the liable party's action is proved to be malicious and reckless)

What victims should do

1. They should hire a lawyer who specializes in negligence and tort Law.
2. They should prove the following: the negligence of the defendant has caused the injury; the defendant failed to perform his duty; and there is a connection between the sustained injuries and the defendant's negligence.
3. They should file a case within the statute of limitation (the time limit or deadline in filing a lawsuit).

Statute of limitation differs from state to state, so victims should know the time limit in their own jurisdiction.

In the state of California, the limitation period for filing a personal injury case lasts up to two years after the injury happened. But in some especial cases, this period is extended. For example, in medical malpractice incident, the statute of limitation is three years from the date of the injury.

If victims had failed to file personal injury claims within the statute of limitation, it is no longer possible to file a lawsuit against the liable party. In statute of repose, lawsuit seeking claims is considered void.



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