Accidents happen, and sometimes they occur in the workplace. Whether you work in an office, construction site, or factory, you can get injured. These injuries can range from minor cuts and bruises to severe injuries that require hospitalization. You may be entitled to workers’ compensation benefits if you sustain injuries while on the job. However, in some cases, workers’ compensation may not be enough to cover all of your expenses, especially if you have suffered a severe injury.
This is where tort law comes in: a branch of civil law that deals with civil wrongs that result in harm or injury to another person. Tort law aims to compensate the injured party and deter others from committing similar acts. Few people know how it works, so we will discuss the details in this article.
What Is a Tort?
A tort is a civil wrong that causes harm or injury to another person or their property. It is a legal term to describe a wide range of wrongful acts, including negligence, intentional harm, and strict liability.
Tort law is designed to protect people from the harmful actions of others and provide compensation for their injuries. The basic principle of tort law is that if someone causes harm to another person, they should be held responsible for their actions. This means that if someone is injured due to another person’s negligence or intentional acts, they may be able to file a personal injury lawsuit to seek compensation for their damages.
Harm and Injury in Tort Law
Harm and injury are crucial concepts in tort law. Harm refers to the loss or damage suffered by the plaintiff due to the defendant’s actions. Injury refers to the physical or emotional harm suffered by the plaintiff. In tort law, the plaintiff can seek compensation for harm and injury.
For example, work in a factory, your employer fails to provide proper safety equipment, and you suffer a severe injury. You may be able to file a personal injury lawsuit against your employer. In this case, the harm would be the loss of income due to being unable to work and the medical bills, and the injury would be the physical harm caused by the accident.
However, this means you must prove that the defendant’s actions directly caused the harm and injury suffered by the plaintiff. This is known as causation, a key element in tort law. The plaintiff must also prove that the defendant had a duty to act in a certain way and breached that duty, which led to harm and injury.
Types of Torts
There are three different types of tort claims. These include:
Intentional harm torts occur when someone purposely causes harm to another person or their property. Examples of intentional harm torts include assault, battery, false imprisonment, defamation, and intentional infliction of emotional distress.
Negligence occurs when the defendant fails to exercise reasonable care, resulting in harm or injury to the plaintiff. To prove negligence, the plaintiff must show that the defendant had a duty to exercise reasonable care, the defendant breached that duty and the breach of duty caused the plaintiff harm or injury. Examples of negligence in the workplace include slip and fall accidents, unsafe working conditions, and failure to provide proper safety equipment.
Strict liability occurs when the defendant is held liable for harm or injury caused to the plaintiff, regardless of fault. Strict liability is often applied in cases involving defective products or hazardous materials.
Working with a Civil Litigation Lawyer
If you have been injured in the workplace and believe that another party is at fault, you must seek the advice of a civil litigation lawyer. A civil litigation lawyer can help you navigate the complexities of tort law and determine if you have a valid claim. They can also help you gather evidence, negotiate with insurance companies, and represent you in court if necessary.
When choosing a civil litigation lawyer, you must find someone with experience handling similar cases. Look for a lawyer with a track record of success and willing to work on a contingency fee basis, meaning they only get paid if you win your case.
Tort law is there if you sustain an injury in the workplace caused by another party’s negligence or wrongdoing. Seeking the advice of a civil litigation lawyer can help you determine if you have a valid claim and how to proceed with your case, especially if the injury sustained results in significant medical expenses, lost wages, and other damages. Finding an experienced lawyer can increase your chances of getting the compensation you deserve and hold the responsible party accountable for their actions.
MHM Firm can help you if you need lawyers specializing in civil litigation in Birmingham, AL. We understand the physical and mental toll injuries can take, so we will work to ensure you get rightful compensation. Call us today at (205) 824-7767 for a consultation!