Rosenbaum Personal Injury Lawyers | February 24, 2025 | Mass Torts
A tort claim allows a person to seek compensation when another party’s actions or negligence cause harm. This legal process holds the responsible party accountable while providing financial relief for medical expenses, lost wages, and other damages.
Definition of a Tort Claim
A tort claim seeks legal remedy for harm caused by another party’s wrongful actions. Anyone harmed due to negligence or intentional misconduct may file a claim to recover damages. The law categorizes tort claims into intentional torts, negligence, and strict liability. Intentional torts involve deliberate harm, negligence results from a failure to act with reasonable care, and strict liability holds a party responsible regardless of intent or fault.
Types of Cases That Fall Under Tort Law
Tort law covers various cases, including personal injury, product liability, medical malpractice, and defamation.
Personal injury claims arise from car accidents, workplace incidents, and slip-and-fall cases.
Product liability cases involve injuries caused by defective products, holding manufacturers accountable.
Medical malpractice claims address harm from a healthcare provider’s failure to meet the standard of care.
Defamation cases involve false statements that damage a person’s reputation, whether spoken (slander) or written (libel).
In strict liability cases, a defendant can be held liable for harm caused by their actions or products, regardless of fault or intent. This is often applied in cases of inherently dangerous activities (like using explosives) or in product liability claims where a defective product causes injury.
Wrongful death claims are filed when a person’s death is caused by the negligence or wrongful act of another party. The beneficiaries of the deceased may seek compensation for their loss, including lost income, funeral expenses, and emotional suffering.
How a Tort Claim Differs from a Criminal Case
Tort claims and criminal cases differ in purpose and legal standards. A tort claim allows an injured party to seek financial recovery from the responsible party. Criminal cases involve government prosecution to punish offenses against society.
In tort cases, plaintiffs must prove liability by a preponderance of the evidence, meaning it is more likely than not that the defendant caused harm. Criminal cases require proof beyond a reasonable doubt, a higher standard of evidence. While a criminal conviction may result in fines or imprisonment, a successful tort claim results in monetary compensation for the injured party.
Steps to File a Tort Claim for Compensation
Filing a tort claim requires careful preparation. First, gather evidence, such as medical records, photographs, and witness statements, to support your claim. Next, consult a personal injury lawyer who can guide you through legal procedures and explain your rights. After evaluating your case, your lawyer will draft and file a complaint with the court detailing allegations and requested damages. The discovery phase follows, allowing both sides to exchange evidence and information. If negotiations fail to reach a settlement, the case proceeds to trial, where a judge or jury determines the outcome.
Common Defenses Used Against Tort Claims
Defendants may use various arguments to challenge tort claims. Contributory negligence asserts that the injured party bears some responsibility for the harm suffered, which may reduce or eliminate compensation. The assumption of risk defense argues that the injured party knowingly exposed themselves to potential harm. The statute of limitations defense states that the claim was filed too late, barring legal action. Understanding these defenses helps plaintiffs prepare counterarguments and strengthen their cases.
Schedule a Consultation with a New York Personal Injury Lawyer
A personal injury lawyer helps assess the strength of a tort claim and provides guidance throughout the legal process. An attorney explains legal options, negotiates with insurance companies, and represents clients in court if necessary. Time limits apply to tort claims, making prompt legal consultation essential.
Speaking with an attorney ensures proper steps are taken to seek compensation for medical expenses, lost wages, and other damages. A legal consultation serves as the first step toward holding the responsible party accountable and securing financial recovery.
Contact Our Personal Injury Law Firm in New York City at Rosenbaum Personal Injury Lawyers For More Help
If you’ve been injured in an accident in Manhattan, NY, and need legal help, contact our New York City personal injury lawyers at Rosenbaum Personal Injury Lawyers to schedule a free consultation. We also serve in Brooklyn and the Bronx.
Rosenbaum Personal Injury Lawyers – New York City Office
100 Wall St 24th Floor
New York, NY 10005
(212) 514-5007
Rosenbaum Personal Injury Lawyers – Bronx Office
1578 Williamsbridge Rd suite 3b
Bronx, NY 10461
(212) 514-5007
(917) 905-2339
Rosenbaum Personal Injury Lawyers – Brooklyn Office
32 Court St #704
Brooklyn, NY 11201
(212) 514-5007
(917) 920-7332
