Your Guide to Tort Claims Litigation

Have you suffered harm due to someone else’s negligence or intentional act? There may be grounds to file a tort claim depending on the circumstances surrounding the situation. This is a civil lawsuit brought to address injuries or damages caused by another party’s failure to fulfill their legal duties. Once you better understand the tort claims litigation process, you may feel empowered to contact a lawyer and get your claim started.

The Elements of a Tort Claim

To successfully pursue a tort claim in New Jersey, you must present clear and convincing evidence to establish four key elements:

• Duty of care: The responsible party had a legal duty to act or refrain from acting in a certain way toward the victim.
• Breach of duty: The responsible party failed to meet their duty of care.
• Causation: The responsible party’s breach of duty directly caused the victim’s injury.
• Damages: The victim suffered actual harm or loss due to the breach.

Types of Tort Claims

Tort claims are generally categorized into two types: intentional and negligent torts. Intentional torts occur when someone deliberately causes harm, such as in cases of assault or intentional infliction of emotional distress. On the other hand, negligent torts are the result of a failure to act with the level of care that someone of ordinary prudence would have exercised under the same circumstances. Common examples include car accidents and medical malpractice.

Tort Claims vs. Criminal Charges

It’s important to distinguish between tort claims and criminal charges. Tort claims are civil suits initiated by the individual seeking compensation for damages. In contrast, criminal charges are pursued by the state or federal government and focus on penalizing wrongdoing with fines or imprisonment. The outcomes of these cases are also different, with tort litigation aiming for monetary compensation and criminal cases aiming for punishment.

Damages in Tort Claims

Tort claims litigation lets you seek certain damages depending on the nature and extent of your injuries or losses. These may include economic damages for medical expenses, lost wages, and other financial losses, as well as non-economic damages for pain and suffering, emotional distress, and loss of enjoyment of life. These are considered compensatory damages because they compensate you for your losses. In rare cases where the breach of duty was particularly egregious, punitive damages may be awarded to deter similar future misconduct.

Pursuing a Tort Claim for Your Personal Injury

Traumatic accidents can harm you physically and emotionally. Tort claims help you seek justice from those responsible for your injuries. Gelman Gelman Wiskow & McCarthy, LLC would be happy to help you file your tort claim in New Jersey. Whether you pursue litigation against an individual, business, or government entity, we’ll help you navigate the legal process, defend your rights, and maximize your compensation. You have enough to worry about right now, so let our team assist you. Contact us today at 862-263-0770 for a free, one-hour consultation at one of our five New Jersey offices.

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