Every person who is injured in a car accident can make an accident benefits claim, however, tort claims are a separate entity that can also result in compensation for injured victims. A tort claim is a case filed against a person who accidentally injures another, and the injured person seeks compensation for that injury. A “tort” is the wrongful act or omission that caused the injury, whether or not it was intentional.
You may have heard of the phrase “pain and suffering” in your day to day life and in popular culture. From a legal perspective, you may recall the classic case of a woman spilling McDonald’s coffee and burning her legs, and seeking financial compensation as a result of her injuries and traumatizing experience. Tort law exists to protect victims and aid them in seeking justice from those who have caused the injury (in the aforementioned example, McDonald’s). The laws are there to help victims obtain financial restitution for their physical injuries, as well as for their pain and suffering.
In order to successfully advance a tort claim, one needs adequate evidence that there has been significant injury caused by someone else’s negligence. This often requires extensive and costly medical reports, photographic evidence, amongst other pieces important information.
Some further examples of tort law being invoked include product liability cases (for example a faulty lid on a hot water bottle), poorly maintained property (such as a loose or missing stair) causing injury, medical malpractice, or in the context of a motor vehicle accident, being injured as a passenger in a car driven by a drunk driver.
In order to recover money in a tort case, the burden is on the injured victim to prove that the wrongdoer was negligent. Tort cases are often incredibly complex, and require a great deal of evidence to be successful. Further, the extent of one’s injuries must meet a specific threshold.
Bergel Magence personal injury lawyers have advanced thousands of successful tort cases, recovering hundreds of millions of dollars for accident victims. No one should suffer, whether physically, financially, psychologically or otherwise due to someone else’s negligence. If you or a loved one have been injured, contact one of our team members and we will ensure that you get the maximum compensation that you deserve. Contact a Bergel Magence tort lawyer for your complimentary, no-obligation consultation.