Legal Answers
Brien Roche
A tort is simply a civil wrong that arises from something other than a breach of contract. For instance if you run a red light and collide with another vehicle, you have committed the tort of negligence. You can be sued for that. A personal injury lawyer can handle a variety of tort claims from auto crashes to medical malpractice.
Likewise if you punch someone in the nose you have committed the tort of assault and battery. You can be sued for that. Many tort claims are covered by insurance. These claims can be tried in front of a judge or jury. Also the parties are free to to settle their tort claim.
The most common form of tort claim is what is called simple or ordinary negligence. The basic elements of any tort claim are the existence of a duty and the breach of that duty. Also there must be resulting injury to the other party and proof of that damage or injury.
See Brien Roche’s book Law 101 published by Sphinx Publishing for more information on this subject.
Legal answers provided by Brien Roche, a personal injury attorney with over 40 years of trial experience. Also Contact Us today to discuss your personal injury matter.
In addition for more information about torts see the pages on Wikipedia.
“I have been a client of Brien Roche for over 25 years and continue to receive exception service. Over the years he has represented in numerous situations including very large commercial transactions, business issues and others. His advice is invaluable as he listens well and is very measured in his responses. He will give you options and the pros and cons of each for you to decide what is your best course of action. I strongly encourage anyone to meet with Brien before they decide who to hire to represent them.” - Clifton Killmon
© 2024 Brien Roche Law
