What is a Tort Lawyer?
A tort lawyer is a type of lawyer that specializes in tort law cases. Tort law is a subcategory of civil law that includes a wide range of case types. Common examples include:
- Civil assault or civil battery;
- Intentional infliction of emotional distress;
- False imprisonment;
- Trespass to land, involving real property or trespass to chattels, involving personal property;
- Products liability;
- Wrongful death;
- Invasion of privacy; and
Tort lawyers are experienced in handling cases that involve multiple areas of law, as most tort cases do. Additionally, tort laws may vary from state to state and a tort lawyer will be able to research local laws as well as any other applicable laws.
A tort lawyer can review your claim and determine if you may be eligible to collect damages for an injury or loss. The main purpose of tort law is to compensate an injured individual for their losses and a tort attorney will help you get the compensation you deserve.
What Do Tort Lawyers Do?
Tort lawyers handle a variety of claims. Almost all personal injury cases fall within the category of tort law. Personal injury cases can include slip and fall injuries, automobile accidents, and medical malpractice suits.
It is common for tort lawsuits to involve many different areas of tort law in one case. Tort cases may also involve multiple parties who share liability for the injury. This commonly occurs in medical malpractice lawsuits, where several health care professionals may be responsible for a patient’s injuries.
Due to the complex nature of tort cases, tort lawyers must be prepared to handle many issues, some of which overlap in a single lawsuit. Because tort cases can be so complex, it is extremely important to have the help of an experienced tort attorney.
One of the most common types of tort lawsuits involve claims of negligence. Negligence claims require the plaintiff to show that the defendant owed them a duty of care, that they breached that duty, and that the breach caused the plaintiff’s injury.
These elements can be difficult to prove in a court of law. A tort lawyer will be familiar with the best ways to present evidence to support your claim.
Some common negligence personal injury claims include:
- Slip and fall accidents;
- Car, truck, or motorcycle accidents;
- Bicycle accidents;
- Medical malpractice; and
- Negligent infliction of emotional distress.
A tort lawyer will fight to get you proper compensation for your injury or loss in the form of a monetary award, called damages. Damages may include costs of medical expenses and lost wages.
Why is it Important to Have a Tort Attorney?
Having a tort attorney on your case can be the difference between a successful claim and an unsuccessful claim. As previously noted, tort cases can be very complex, involve multiple areas of law, and vary by state. Tort lawyers are familiar with all areas of tort laws and will have knowledge of the laws in their locations.
It is also important to note that, in many cases, tort claims will involve entities such as insurance companies and hospitals who have attorneys on staff to defend claims made against them. Having an attorney on your case will likely provide you with the only avenue to compensation.
For example, medical malpractice claims can be nearly impossible for patients to handle alone. These types of cases are extremely expensive and involve complex facts and expert medical witnesses. As noted above, doctors and hospitals often have the resources to contest such claims.
It is important to hire a tort attorney as soon as possible following your injury or loss. Most cases have a statute of limitations that will prevent you from filing your claim if you wait too long. A tort attorney will be familiar with these time requirements and file your claim accordingly.
How Do I Know if a Tort Lawyer is Right for Me?
Tort laws are very broad and cover many possible issues. A tort lawyer can help you identify whether you have been a victim of a tort, who potential defendants may be, and advise you of your chances of recovering damages.
If you have suffered harm to your person or your property, you should consult with a tort lawyer to discuss a potential lawsuit. An experienced tort lawyer can help you navigate a complex claim from beginning to end. They can file a lawsuit, communicate with a defendant or their attorney, negotiate on your behalf, and represent you in court.
If you have suffered losses due to an injury, a tort lawyer can help you obtain monetary damages for your losses. Tort laws may vary by jurisdiction, so it is important to have an experienced and knowledgeable tort lawyer on your side. A tort lawyer is your best chance at compensation for any injuries or losses you have suffered.