Who Can File a Tort Claim?

Tort law exists to help you and your loved ones seek justice through the legal system for the wrongs done to you and hold those at fault responsible—both in the eyes of the law and by means of financial penalties.

What Falls Under a Tort Claim?

A tort claim is a civil claim that a person can file when another party (say a business) causes injury, either through deliberate action or a lack of action. The purpose of tort law is to provide relief to parties who have been harmed, hold the parties who cause harm responsible for their actions, and deter others from causing harm in the future.

Most tort claims are made up of four elements. To win a tort claim, all four of these elements must be present:

• Duty – The defendant had a legal duty to act in a certain way.
• Breach – The defendant breached that duty.
• Injury – You have an injury.
• Causation – Your injury resulted from the defendant’s breach of their duty.

Examples of tort claims include:

• Assault
• Battery
• Conversion
• Defamation
• Fraud/deceit
• Intentional infliction of emotional distress
• Trespass to land or property
• Car accident
• Truck accident
• Medical malpractice
• Slip and fall accident
• Animal attacks
• Abnormally dangerous activities
• Defective products

There are three general types of torts: intentional torts, negligence torts, and strict liability torts. There are also numerous specific types of tort claims, including defective drug torts, defective medical device torts, defective product torts, and personal injury torts. For more information on these general and specific types of torts, you can read our blog about seven different types of tort cases.

As you get into the different types of torts, each will have its own unique circumstances and requirements for what is covered and what is not. For example, in a strict product liability tort claim, a plaintiff only has to show that the product was defective and that the defect caused the injury.

What Does it Mean to Qualify for a Tort Claim?

To qualify for a tort claim, you need to first prove that all of the necessary elements (duty, breach, causation, and damages) are present. Then, you must file the appropriate documents with a court within the statute of limitations—a set period of time that a court will allow you to bring up a particular claim. We here at the Guardian Legal Network will work to set you up with an attorney to help you from the beginning. Since the tort process can be long and complicated, you will want to ensure everything is handled correctly.

What Does it Mean to Qualify for a Tort Claim?

To qualify for a tort claim, you need to first prove that all of the necessary elements (duty, breach, causation, and damages) are present. Then, you must file the appropriate documents with a court within the statute of limitations—a set period of time that a court will allow you to bring up a particular claim. We here at the Guardian Legal Network will work to set you up with an attorney to help you from the beginning. Since the tort process can be long and complicated, you will want to ensure everything is handled correctly.

How to Prove You Qualify for a Tort Claim

To prove that you qualify for a tort claim, you will need to show that the defendant (the business that injured you) had a duty that they breached that caused you to suffer damages. This could be as simple as proving that a pharmaceutical company has the duty not to produce products that cause cancer.

To make a compelling tort case, you may need to provide some documents to help prove your claim. Common documents that will help you prove your injuries and damages include:

• Medical records
• Bills and receipts for doctors’ visits, medications, and any equipment needed to help in your recovery
• Doctors’ estimates of future medical costs related to your injuries
• Photographic evidence of damage and/or injuries
• Accident reports
• Proof of property ownership

Once you have gathered these documents, you and your attorney will likely need to send a demand letter to the party that caused your injury. Let them know what happened, why you feel entitled to payment, and that you intend to file a lawsuit if you don’t hear from them by a specific date. Sometimes, if the party or organization has good management, this will be enough to help you get the justice you need. Sometimes, however, this is not enough.

While you are waiting for a response, you should research the applicable laws in your state. Ensure that you do not miss the deadlines for the statute of limitations, as they vary by state.

Guardian Legal Network can help you figure out whether or not you qualify to file a tort claim and provide you with resources for your situation even if you don’t.

Tort Claims vs Lawsuits

Essentially, a tort is a specific type of lawsuit. However, it’s only considered a lawsuit when the matter makes it to court. If another has injured you, you can bring a tort claim against them. If that tort claim moves beyond your demand letter to a litigation phase, then it becomes a lawsuit.

A lawsuit is a civil legal action that one party brings against another party in a court. Not all tort claims are lawsuits.

Many times, the two parties will be able to settle their dispute after the initial demand letter, outside of court and without filing a lawsuit.

In other instances, the parties will settle their dispute after the lawsuit has been filed but before going to trial. In these instances, a settlement is issued as the final resolution. A settlement can happen at any time before the court has entered a final verdict. For more information about the settlement process, check out our blog post: What Happens in a Lawsuit Settlement?

Still Unsure if You Can File?

Guardian Legal Network is here to help you get the justice you deserve. We have the resources that you need to help you determine if you have a valid tort claim and what to do even if you don’t. No matter your situation, we are committed to putting you in touch with the right legal team to handle your case. Contact the Guardian Legal Network today for more information.

References

• ABA. “How Courts Work,” American Bar Association, https://www.americanbar.org/groups/public_education/resources/law_related_education_network/how_courts_work/cases_settling/. Accessed February 25, 2022.
• Thomas Eisenberg and Charlotte Lanvers. “What is the Settlement Rate and Why Should We Care?,” Cornell Law Faculty Publications, https://scholarship.law.cornell.edu/cgi/viewcontent.cgi?article=1202&context=facpub. Accessed February 25, 2022.