If you’re going to be taking legal action against injury or even wrongful death, then you’ll have questions. While you might understand the proceedings and the expectations, you should get familiar so it isn’t stressful for everyone.
But you may wonder what the difference is between tort claims and lawsuits? This can be found here, in this article.
Tort Claims and Lawsuits in Civil Court
With tort claims, you have a few steps that you need to take, which is filing legally of the response to someone breaching duty of care that’s owed to the person which is oftentimes called negligence in these kinds of claims.
They also can be filed based on strict liability, which doesn’t have negligence as a prerequisite.
Personal injury claims along with wrongful death are two kinds of torts. Once they’re filed, the opposition will determine whether they’ll pay the settlement, how much to pay, and if it’s not reached, then the lawsuit will be filed.
Every lawsuit is a tort at the bottom but not every tort claim is going to be a lawsuit, since about 90% of them are resolved before they go to court, which is good since it is expensive and takes a lot of time.
Tort Claims: A Guide
A tort is when there is a civil wrong committed, which does result in loss or injury to others.
They may be physical, or psychological, financial, or property loss and damage.
It’s common for victims to note tort claims when there are claimed filed, but usually, they include the following:
- A description of the action that’s caused
- The legal basis for this
- The damage demand
If the notice doesn’t end in a settlement, then you file formal complaints. If this doesn’t end in settlements, then you move onto lawsuits.
However, there are also factors that’ll influence whether the settlement will be reached or not, and they include:
- The police were on the seen and there was a report that corroborates the version of events the victim claims
- The liable group admitted they were at fault
- There were surveillance cameras
- The accident was documented well
- There were eyewitnesses
- The victim got immediate medical care
- The victim followed what the doctor ordered and didn’t aggravate the injuries further
- The victim didn’t provide statements to the other party that could be misinterpreted
- The victim didn’t mention anything on social media
- The compensation amount wasn’t substantial
With this, the factors that were mentioned are in the victim’s control. If you do file the claim, you should be proactive about giving the case the biggest chance possible that results in settlement, whether through official diagnosis, following what the doctor said, avoiding social media, and taking all correspondence that’s necessary to the personal injury lawyers you have.
Types of Civil Lawsuits
Typically, the following are considered civil lawsuits
- Contract actions that breach what the contract states or giving defective products
- Family law involving custody of children, divorce, and child support
- Class action, where many bring claims for one type of tort
- Civil lawsuits that are connected to property such as the property defect nondisclosures or disputes about property lines as well
- Private nuisances that are brought about when there is someone’s use of a property is then creating harm for others, which makes them seek an order.
- For those who are curious about whether they have a claim or not, they should consult a legal representative for the compensation they deserve.