What Is A ‘Tort’ In Texas Law?
A tort is when someone does something or fails to do something that hurts or harms another person. This is in reference to civil, not criminal matters.
Civil legal matters simply means financial compensation. You can’t be incarcerated for a tort; that element of law is called criminal law and we at Funk & Associates do not handle criminal law.
I would say that the difference between civil and criminal law is the most confused element of my practice.
A claim is a complaint against someone, based on facts that give you the right to take the matter to court.
A tort claim in Austin and around Texas, therefore, is something you may have when you should be compensated for the harm caused by someone else’s negligent (usually) actions.
For instance, if you get hurt, you could file a tort claim to get money to cover your financial losses and receive compensation for the pain and suffering you experienced due to the injuries.
Torts usually involve claims of negligence, meaning someone didn’t take proper care, but they can also happen if someone intentionally causes harm or if there’s strict liability.
Filing Insurance Claims And Lawsuits Seeking Compensation For Torts
A tort claim involves asking the at-fault party’s insurance company to pay for damages. If the insurance company doesn’t agree to a fair amount, the injured person can then file a personal injury lawsuit.
Most of the time, the injured person provides evidence showing that the other party’s actions caused their injuries and losses. The injured person must also provide his damages, medical, lost wages, pain, suffering, and emotional damage. These claims may be settled without going to court. You should never go this alone. Always hire a qualified personal injury lawyer to send out the demand for you. You should hire an attorney long before the demand is sent out, as they can provide you with guidance as to everything that goes into the case prior to the demand.
For example, if a driver ran a red light and caused a car accident, resulting in a broken leg and traumatic brain injury for the victim, the victim could submit evidence of medical bills, lost wages, and the pain and suffering caused by the injuries.
The insurance company investigates to see if their customer is at fault. If they find that their policyholder is indeed at fault, they might offer a settlement, but these offers are often SUBSTANTIALLY lower than what the claim is really worth.
The victim can (and should) negotiate for a higher amount. If negotiations don’t work, he or she can file a personal injury lawsuit.
Again, this doesn’t necessarily mean it will go to trial. Many lawsuits are resolved during the discovery phase, where both sides learn more about each other’s case. Understanding the strengths and weaknesses can lead to a fair settlement. If the case does go to trial, both parties present their evidence, and a jury decides if the at-fault driver should pay damages to the victim.
Circumstances That Can Result In A Tort Claim
Tort claims can stem from various accidents and incidents. A party may have a tort claim for injuries caused by:
Negligent Torts
- Negligence occurs when someone fails to exercise a reasonable level of care in a given situation.
- Examples include car accidents, wrongful death cases, dog bites, slip and fall accidents, medical malpractice, construction accidents, bicycle accidents, pedestrian accidents, nursing home abuse, and daycare injuries.
- To succeed in a negligence claim, the injured party must prove the elements of negligence, including duty of care, breach of duty, causation, and damages. If any of these elements cannot be proven, compensation for the tort claim may not be possible.
Strict Liability Torts
- Strict liability holds a party responsible for an injury and damages, even if they did not intend to cause harm.
- Examples include defective product claims, keeping wild animals, and engaging in abnormally dangerous activities.
- In these cases, the injured person doesn’t need to prove negligence; they just need to show that the party’s actions were the direct cause of their injury and that damages resulted.
Intentional Torts
- Intentional torts involve deliberate acts of violence, such as assault and murder.
- Criminal charges may result from intentional torts, but the criminal case is separate from any civil claim the victim may file to seek compensation for damages.
Understanding the type of tort involved helps determine the legal requirements for seeking compensation, whether through negligence, strict liability, or intentional tort claims.
What Compensation Can You Get For A Tort Claim?
Tort claims often deal with severe injuries, permanent disabilities, and even wrongful deaths. The compensation that victims receive depends on the specifics of each case.
However, under comparative fault laws, compensation for damages may be reduced if the injured person is found partially responsible for the accident. Texas falls under a modified comparative fault law. If a jury or judge finds you to be more than 50% responsible for the case, you will receive no recovery.
Despite this, most victims have the right to seek compensation for damages including:
Economic Damages
- Past and future medical expenses, personal care, and long-term nursing care costs.
- Loss of current and past income and benefits.
- Future reductions in earning potential.
Non-Economic Damages
- Compensation for permanent impairments, disfigurement, and disabilities.
- Physical pain and suffering.
- Loss of enjoyment of life.
- Mental anguish.
- Reduced quality of life.
- Emotional distress.
In certain tort cases, a jury may also award punitive damages. Unlike compensatory damages, punitive damages are not meant to compensate the injured party. Instead, they serve to “punish” the defendant for specific types of conduct.
Under Texas law, punitive damages may be granted if there is clear and convincing evidence that the harm resulted from gross negligence, malice, or fraud. However, such damages are only awarded in a limited number of tort cases where the defendant’s actions meet the specific criteria for punitive damages.
Is Breach of Contract a Tort?
Contract law and tort law are similar, but breach of contract is not a tort. In tort law, there is no contract between the parties involved. There is simply a duty of care present that is imposed by the law and not the parties.
Do You Have A Tort Claim in the Austin Area?
Remember: torts are civil violations that cause harm or loss. The individual or organization that commits or is responsible for the harm may be held liable for losses and damages. The intent of a tort is to compensate victims and to discourage similar behavior in the future.
The responsible party does not face incarceration for a tort, although certain actions may be violations of both torts and criminal laws. In such cases, the responsible party might face criminal prosecution as well as a personal injury lawsuit; but those come in two very different legal actions.
The insurance company representing the other party will try to minimize their responsibility for damages. Claims adjusters are not reliable sources of legal advice when it comes to injury claims.
Instead, you should consult with a lawyer who can explain your legal options for filing a claim. A personal injury attorney has the necessary resources, skills, and experience to thoroughly investigate claims, determine the parties responsible, and actively pursue compensation for tort claims.
Legal guidance ensures that you have an advocate who can protect your interests and help you navigate the complexities of the Texas legal system.
The attorneys at Funk and Associates are here to help you if you have been injured in a car accident or other personal injury accident caused by someone else’s negligence. Simply fill out the form below and we’ll be happy to discuss your claim.
