Q&A: What is a tort case?

A tort is a private injury. A tort case is a lawsuit that seeks a private civil remedy for this injury. Its purpose is usually to seek money as compensation.

Suppose you’re hurt and your car is damaged when a negligent driver runs into you. You can sue in tort for your medical bills, your pain and suffering, and to get your car fixed. Permanently disabled in the accident? Then you’d add a claim for your lost earnings in the future. Your spouse might be able to claim loss of consortium.

Torts are not the same as contract actions where suits seek to enforce contracts or seek remedies for contract violations, or criminal actions where the state prosecutes a case for the violation of a law.

Tort lawyers – also often called plaintiff’s lawyers or plaintiff’s attorneys – are those who deal with claims arising from injuries caused by the actions or negligence of other people. If you are injured in a car accident, by a physician’s neglect, or because of an unsafe product or dangerous condition on someone else’s property, it’s a tort lawyer who can help you seek a remedy for your damages.

In tort cases, the defendant will normally be covered by liability insurance. Every state has rules about insurance coverage for automobile and truck drivers. In Kentucky, your claim has to be against the person who injured you even though it is his or her insurance that will pay the court judgment. In some other states you can directly sue the other person’s insurer.

This is a blog post, not specific legal advice. No attorney-client relationship is intended or created.