What is a Tort in Personal Injury Law?
If you’re in an accident, you may hear the word “tort.” No, it isn’t a dessert. It’s a legal term for a harmful or negligent act. Florida tort law basically says that if someone causes you injury, you should receive monetary compensation for those injuries.
A tort is not a crime. Someone can cause an injury to someone else without breaking the law, but sometimes a tort does indeed involve a crime. If someone runs a red light, for example, that’s against the law. That person may receive a ticket from a police officer, but if running the red light also causes an accident, the crime is a tort as well.
The “tortfeasor” is the legal term for the person who causes the injury, and the injured party has a right to sue the tortfeasor for compensation, also called “damages.” These damages may involve bodily injury and/or injury to property.
In most automobile accidents, the torts are called “negligent,” which means that the tortfeasor failed to be careful enough to prevent the injury from occurring. Sometimes, a court is required to determine if someone was truly negligent and if their actions really caused the injuries in question. Even if someone is injured, the court may find that the tortfeasor took reasonable precautions to prevent the accident. In this case, the alleged tortfeasor may not have to pay for the injured person’s damages. This is why a personal injury lawyer is important – to help you prove that the tortfeasor is responsible for your injuries. Usually, attorneys can obtain settlement funds for their clients without going to court because court nearly always takes longer and is more expensive.
“Proximate cause” is another term that people see in personal injury cases. It means that the tortfeasor’s actions were a direct cause of the injuries. A court may find that the alleged tortfeasor did not directly cause the injuries and is, therefore, not responsible for paying for the damages. In other cases, it may be found that both the tortfeasor and the injured party are responsible for the accident. This means that they may have to share the cost of the injuries. The court may assign a certain percentage of the blame to each individual.
If you’re in an automobile accident, you must file a lawsuit within a certain period of time. This is called the “statute of limitations.” In Florida, a lawsuit based on negligence has to be filed within four years of the date of the accident. After that period of time, you no longer have a right to file a lawsuit.
Personal injuries due to automobile accidents are among the practice areas represented by Alitowski & Moore, P.A. If you have been injured in an accident, contact a Broward County Injury Attorney/Lawyer, and find out if you could be eligible to receive monetary damages. Offices are located in Fort Lauderdale and North Miami Beach.
