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What is tort law?

When one person brings civil suit against another, this is tort litigation. Tort law allows a person who claims to have suffered personal injury in Rockford IL to recover monetary damages for such injury and inconvenience. The injury needs to be the result of negligence on behalf of the other entity; this can be an individual or an organization. It is different than criminal litigation and the rules are different as is the burden of proof.

Tort law exists in all jurisdictions that practice common law; this includes the US, Canada, Australia and so on. The law is a collection of laws that pertain to civil wrongdoings where one person is injured by another and negligence is the cause. The law is comprised of case law that has been developed over many years of judicial decisions. Under tort law, people and institutions have a legal duty to behave responsibly as refers to others, when this understanding is breached the individual that committed the breach is liable for penalties prescribed by civil law. It is the breach that creates the need for tort litigation.

There are two forms of tort and it depends on whether the personal injury in Rockford IL was caused by negligence or whether the injury was inflicted intentionally. In certain cases if the injury was inflicted intentionally there may also be reason to seek punishment under criminal law. This is not always the case but if a defendant in tort litigation is also charged with a criminal offense, there must be two trials; one civil and one criminal.

An intentional tort happens when someone harms another and the harm is intentional. The injured party, the plaintiff, can sue the perpetrator for monetary damages for such things as lost wages due to the injury, medical expenses for the present and potentially for the future, pain and suffering, emotional distress and punitive damages. Punitive damages are awarded as punishment to the person who willfully injured another.

Negligent tort on the other hand occurs when the injury is caused by negligence on the part of an individual or institution. Everyone has a duty of care and must act in a reasonable and responsible manner, failure to do so can bring on tort litigation in the event of an injury caused by negligence.

If you have suffered a personal injury for either a negligent act or an intentional act and you wish to bring suit, you can get the help from Clark, Justen, Zucchi & Frost, Ltd. attorneys in Rockford IL.

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