A legal term, tort means an action that results in an injury or causes harm to an individual. The damages in tort will include the reimbursement for the loss of earnings and the earning capacity. It also includes reimbursement for the cost of medical expenses and the pain and suffering that one might have gone through. Any damages can be recovered for the injuries as well as the losses from the injury that could be expected in the future.
Some individuals might have to recall their nightmare through the entire course of the trial and many survivors are still left without a remedy. There are times when the justice system manages to punish the perpetrator while many have also been left without a remedy. Even if the justice system succeeds in punishing the perpetrator, there are many victims which could be left with financial, physical and psychological injuries. Most survivors of certain criminal acts are not aware that they could have civil help and remedies for any damages.
There are many civil remedies that are offered in the civil court as compared to a criminal court. This means a survivor of the crime can choose to seek services of a lawyer in order to sue the third party or the perpetrator for the recovery of the damages which were caused because of the crime. This money that is recovered in a lawsuit is known as damages and the same may be rewarded for the emotional, physical or financial injuries.
Types of Torts
Majority torts that are heard in a metropolitan court or a magistrate are the type that arise from an intentional or a negligent act. This act or a failure to act could lead to an injury to people or could also damage the property. There are many types of torts that you need to understand in order to file for the recovery of the loss you incurred.
Assault: An assault is when you intentionally threaten a person with an immediate battery.
Intentional damage to personal property: There could be different ways in which property damage may occur and this includes automobile accidents, staining of valuables, breaking the valuables and even poor aim. However, any action which is required to be taken for the recovery of property damage will remain limited to the jurisdiction of the court. Justin Kimball from PreszlerLaw-NS.com explains that in tort claims that arise out of an automobile accident, the fault is determined by showing that negligence caused the accident.
Battery: This is an intentional offensive touching of an individual without their consent. This is different from an assault and will need actual contact.
Intentional infliction of emotional distress: When you make a claim for intentional infliction of emotional distress, it will need the plaintiff to prove that the defendant had been engaged in extreme conduct which was done recklessly or with an intention to cause extreme emotional distress. In addition, the plaintiff needs to prove that he experienced extreme emotional distress due to the conduct. You need to understand what extreme conduct is. It is basically a type of behaviour that is not decent and goes beyond the tolerable limit for an individual. Extreme emotional distress is distress that no ordinary individual would be expected to tolerate. One is not required to show that he has gone through a physical injury so as to recover the damages for extreme emotional distress.
Necessity: Necessity is a defence which gives an individual a property of another which is invoked only in the cases of intentional torts including trespassing a land, trespassing to chattels or conversion.
False imprisonment: When an individual is intentionally confined without any legal authority, it is known as false imprisonment.
Consent: Consent is an excuse against the criminal or civil liability under their defence that they should not be held liable because the actions were taken without their permission.
Self-defence: This is when civilians act on their own behalf to get involved in violence for the sake of self-defence or for the lives of others. It includes the use of deadly force and it differs from the necessity which is a response to an immediate danger.
Civil remedy for tort:
In order to take any action against the perpetrator, it is important to ensure that there was some negligent act in the first place. There are a number of common tort claims which can be taken up against the perpetrator including the ones mentioned above. The concern here is that the perpetrator has no money on him and civil lawsuits will always be about the compensation.
Now, you need to understand that there is a complexity in the situation here. Even if you manage to win a case, the defendant does not have the money to pay and this will be no real victory for you. When he has no money or has no insurance policy to provide for the damages, he has nothing available with him to pay the damages ordered by the jury. Hence, it is very important to remember if the third party is responsible for any damages to the survivor. There could be malls, apartments and third parties that might have the money to pay for any damages for the harm caused by them. It is important to note that the funds should exist in the first place in order to recover from the defendant.
When you file for civil action, you get an opportunity to receive compensation for the crime suffered by you. It is also a fact that you cannot turn back time but it will help you to move on. These kinds of lawsuits need to be brought within two years from the date on which the crime has occurred. It is important to hire the right professional to represent you in the court of law. Unless an experienced professional represents you, it might become difficult to prove that a negligent act has caused damage to you in more than one manner.