What Is a Tort Lawsuit Case?

Were you recently injured intentionally by another party? Are you or a loved one suffering due to another’s negligence?

Did a product harm you in some way, leaving you to deal with years of medical costs, pain and suffering?

If so, filing a tort lawsuit may help you and your family offset some of the financial burden caused by such an event. The award-winning legal team at Lerner and Rowe is eager to help you with your case.

To take advantage of our 24/7 legal help, fill out our online form or use our LiveChat feature for a free, no-obligation case review.

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What Is a Tort Lawsuit?

what is a tort lawsuit

When one party is injured due to the negligence of another, this civil wrongdoing is known as a tort. When this happens, the plaintiff (the person injured) may file a tort lawsuit against the defendant (the party who allegedly caused the injury). Tort lawsuits investigate if the defendant acted intentionally, was negligent in their duty to others, or was strictly liable for direct harm.

The basic purposes of tort cases seek to indicate who may be liable for injuries, and deliver proportionate compensation for damages. While these civil lawsuits do not typically result in criminal charges, some awarded compensation may come in the form of punitive damages, which “punish” the party responsible. Hiring a tort lawyer can assist you and your family during this complicated legal process.

Tort States

Not every state operates as a tort state. Instead, they are considered no-fault states, and may consider both parties involved in an incident liable for damages. However, the majority of states do follow tort law. 

The law offices of Lerner and Rowe operate in many of these tort states, including:

To reach any of our branches nationwide, simply call  (844) 977-1900. You’ll have access to a FREE consultation today with a knowledgeable legal representative.

Different Types of Tort Cases

While there are three different types of torts, four elements must be present in all tort lawsuits. These four elements are: 

  • Duty
  • Breach of duty
  • Causation 
  • Injury

Without evidence of these, it is less likely that a tort case will end successfully. 

Ensuring all four elements of a case are accurately represented may be a difficult process. However, knowledgeable tort lawyers can assist you in building an effective case, with a focus on winning maximum compensation

Intentional Tort Lawsuits

An intentional tort has occurred when the defendant intended to cause harm to another person or damage their property. In such instances, like that of assault or battery, criminal charges may be filed in addition to the civil lawsuit. A punch in a bar fight, blow to the head, or threat of harm are examples of possible intentional torts.

Negligence Tort Lawsuits

Negligence torts are very common when it comes to personal injury law. In such cases, it must be proven that the defendant caused harm to the plaintiff by failing to fulfill the appropriate duty to avoid risks. Some negligence cases examples include:

  • A driver who caused a car accident by checking their phone while operating a vehicle may be found negligent and liable for injuries caused in the wreck. 
  • A property owner who did not manage to clean up a spill on smooth flooring, leading to the plaintiff’s slip and fall
  • A trucking company who pushed their drivers too hard to meet unrealistic deadlines, leading to a fatigued driver striking a passenger car as they fell asleep due to exhaustion.
  • A driver who struck a pedestrian because they recklessly drove through a red light.

While many situations may qualify for a tort lawsuit to be filed, not all harmful actions may lead to a case. An excellent personal injury lawyer from Lerner and Rowe will have experience dealing with all kinds of tort cases, and may be able to determine the probability of success for your tort case.   

Strict Liability Torts

When injury occurs regardless of the defendant’s intent, the resulting tort is known as a strict liability tort. One example of strict liability involves animal bites. For instance, a dog bite is rarely an intentional occurrence. But the dog’s owner may be held strictly liable for the injuries caused. 

Defective and/or dangerous products or medications may also fall into the category of strict liability torts. The attorneys at Lerner and Rowe handle a number of defective product lawsuits, including:

  • 3M Earplugs, which caused hearing loss and tinnitus in many victims by failing to properly block loud noises.
  • Talcum Powder, which is known to cause dangerous side effects and can lead to an increased risk of ovarian cancer.
  • Roundup weed killer, which can increase a user’s risk of non-Hodgkin’s lymphoma.
  • Elmiron, a bladder medication that may cause vision loss.
  • Zantac, a gastrointestinal drug that contains a probable human carcinogen.
  • Paraquat weed killer, which has a direct connection between its use and the development of Parkinson’s disease.
  • Hernia Mesh, which can cause harmful post-surgical complications.

If you have suffered from the use of any of these defective products, you know the heavy financial, physical, and emotional burden involved. At Lerner and Rowe, the most valuable non-legal service we provide is to carry the emotional burden of our clients so that they can focus on recovery. So contact us today to begin the process of building a helpful tort lawsuit.

Mass Tort Claim

Many of these products fall under the category of a mass tort claim. This is due to the popularity of these products and the thousands of people who have used them. Thus, a large group of victims may be able to participate in a mass tort against the defendant.

Many famous tort law cases, like those against big tobacco companies in the 1980s, are mass torts. Others include those who suffered from the affects of Agent Orange and asbestos. In these cases, many victims were able to win compensation for their injuries.

Have you suffered harm from a defective or dangerous product involved in a mass tort? It’s up to you to seek out a lawyer’s help to file your mass tort claim. Begin this process by reaching out to Lerner and Rowe Injury Attorneys today.

What Is the Goal of a Tort Lawsuit?

The basic purposes of tort cases are fairly simple.

  1. The first goal is to prevent the harmful action from ever happening again. Hopefully, no more victims will come from whatever harmful action occurred. 
  2. The second goal is to defend and protect the victim’s legal rights. 
  3. The third goal of a tort lawsuit is to seek maximum compensation for physical and emotional suffering.

Ultimately, the goal of a tort lawsuit is to help return victims to a lifestyle similar to the one they had before the event. The attorneys at Lerner and Rowe are well-versed in standing up for the legal rights of their clients. We will work hard to settle your case out of court, and, if the matter does need to be settled in court, we will aggressively fight for your maximum compensation. 

How Much Compensation Can You Win?

When deciding if you should begin a tort lawsuit, you may wonder, “What types of damages are available in tort cases?” There are three types of damages that you may be awarded after the completion of successful tort lawsuits. 

Economic damages aim to reimburse you for past, present, and future financial hardship. These include replacement of lost wages, new medical costs, damaged property, and more. Your attorney will attempt to best represent any possible future expenses as well, and fight to include them in your total compensation.

Non-economic damages attempt to cover any emotional trauma. This may include your pain and suffering, a loss of companionship in cases of wrongful death, or a hurt reputation. It is very difficult to put a price on such valuable aspects of life, but a knowledgeable tort attorney will be able to assist you.

Finally, punitive damages aim to punish the defendant for the actions that caused the plaintiff pain. Again, it’s best to consult a civil lawsuits lawyer to determine the appropriate amount of compensation.

Hiring a Tort Lawyer

Starting the process of hiring a tort lawyer at Lerner and Rowe is easy. Fill out this  online form, use our LiveChat feature, or call  (844) 977-1900

Our representatives will listen to your case, assess the information, and connect you with those who can best assist you and your loved ones. You can also stop into one of our nationwide offices to meet with someone in person. 

There is only a certain amount of time to file a lawsuit under your state’s statute of limitations, so don’t delay. With thousands of five star reviews, you know you will be in good hands. Hire a tort lawyer from Lerner and Rowe Injury Attorneys today.