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If you’ve been injured in an accident, you might hear the term “tort claim” tossed around. But what does it mean? A tort claim is a legal action someone takes when they’ve been harmed by another person’s wrongful act. These claims seek to hold people or entities accountable for causing harm, whether it’s physical injuries, emotional distress, or financial losses. Understanding tort claims can help you navigate your rights after an accident.
In law, a tort is a wrongful act or violation of someone’s rights that leads to injury or harm. Unlike criminal cases, which involve prosecution by the government for breaking the law and punishment like jail time, tort cases are civil matters. That means they are typically disputes between individuals or groups, and the goal is to compensate the injured person, not punish the wrongdoer. Torts can involve crimes like assault, but the tort action is separate from any criminal action that may occur. Torts can be intentional, like assault or fraud, or unintentional, like accidents caused by negligence. In both cases, the person filing the claim (the plaintiff) must show that the other party (the defendant) caused harm and that they should be held responsible.
In Washington, there are three main causes of action in tort law or circumstances that allow for a legal remedy through a tort claim. Each type of tort, or cause of action, has specific factual elements that must be met.
This is the most common type of tort claim. Negligence occurs when someone causes harm to another by failing to exercise the appropriate care. The level of care is based on how a reasonable person would have acted in similar circumstances. Put more simply, negligent torts arise from harm caused by someone else’s carelessness or recklessness. Motor vehicle accidents like car accidents and motorcycle accidents are the most common example of negligence-based tort claims. Slip and fall accidents and other injuries caused by dangerous property conditions are another example.
Defendants in certain cases can be held liable even if they were not careless, reckless, or intentionally causing harm. This is known as strict liability. In Washington, there are two common examples of strict liability torts. Product liability law holds manufacturers strictly liable for defective products that cause harm. Products may be found defective due to defects in manufacturing, design, or warning. Dog bite cases are another example. Dog owners are held strictly liable for injuries their dogs cause to others. Unlike some states that have a “one bite law,” Washington’s dog bite law holds owners accountable even if they had no reason to believe their dog would bite someone.
Intentional tort happens when someone deliberately causes harm to another person. There are several types of intentional torts, such as:
Assault is the most common cause of action for an intentional tort claim. These claims can involve sexual assault, child abuse, nursing home abuse, domestic violence, and bar fights.
There are four elements of negligence you must prove in a negligent tort claim:
The defendant must have owed the plaintiff a legal duty of care to give rise to a negligence claim. A duty of care is a legal responsibility to act, or not act, reasonably to avoid causing harm to other people.
This means the defendant violated the legal duty of care by acting or failing to act in a reasonable manner. Courts typically determine the duty of care based on the “reasonable person” standard. This means a reasonable person would consider the difficulty of precaution, the chance of causing harm, and the severity of harm that could result.
This means the defendant’s behavior was the cause of the injuries the plaintiff suffered. There are two elements of causation:
In the case of proximate cause, a crash is a foreseeable result of running a red light, but it may be harder to prove in accidents involving a chain of events.
Finally, the plaintiff must have suffered actual harm or damages caused by the defendant’s behavior. This may include medical bills, lost earnings, property damage, or physical pain and distress.
Unlike negligent tort, which arises from a defendant’s unreasonably unsafe behavior, intentional tort happens when the defendant intends for their actions to cause harm. The defendant’s state of mind is one of the most important elements of an intentional tort claim. Elements of intentional tort include:
Someone isn’t liable for damages if they were using reasonable force to defend themselves, someone else, or property.
Below are some of the most common types of tort claims in Washington.
Most tort claims are based on negligence or carelessness. Some types of cases, however, can be brought under intentional, negligent, or strict liability tort depending on the circumstances.
If you have been injured due to someone else’s negligent or intentional conduct or in an incident involving strict liability, you may be entitled to compensation. A tort claim allows you to seek compensation for your financial and personal losses. This includes medical expenses, current and future lost earnings, physical pain, emotional and mental suffering, and reduced quality of life.
If you’ve been injured in Seattle, WA, and need legal assistance, contact Davis Law Group Car Accident and Personal Injury Lawyers. Contact our legal team and schedule a free consultation with a personal injury lawyer today. We proudly serve King County in Washington and it’s surrounding areas. Visit our law office at:
Davis Law Group Car Accident and Personal Injury Lawyers
2101 4th Ave 1030 Seattle, WA 98121 (206) 727 4000
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