Tort Claims

Tort Making tort Claims

Introduction to Tort Claims

The person who brings (files) the tort claim-the injured party-is known as the plaintiff. The person accused of causing the harm is called the defendant (or tortfeasor). To recover damages under any tort claim, the injured party must show that some improper conduct by the defendant caused the plaintiff’s injury. Improper conduct refers to the defendant’s breach of a legal duty (the societal requirement that obligates an individual to act in a certain way). An individual’s legal duty varies depending on the circumstances. Where the plaintiff can show that the defendant’s improper conduct caused the plaintiff harm, the law says that proximate causation exists.An injured party who successfully brings a tort action will recover compensatory damages. Such damages attempt to return the injured person to the position that the person was in before the injury-at least to the extent that money can be a substitute for an injury. Additional money will sometimes be awarded to the plaintiff to punish the defendant and to deter that type of conduct, by anyone, in the future. This is an award of punitive damages. See Damages.To receive compensatory damages the plaintiff must prove that the tort occurred. This proof must persuade the jury by a preponderance of the evidence-that is, it must be more likely than not that what plaintiff alleges is true. Punitive damages are awarded if the tortfeasor’s conduct was outrageous, with an evil motive, or with reckless disregard for the harm the conduct could cause. In many states such intent must be proven by clear and convincing evidence, which means more than a preponderance but less than the evidence that would be needed to find a person guilty of a crime. See Evidence.The plaintiff’s claim will be heard and decided by a judge and usually by a jury. Either side can ask for a jury. The judge decides what the law is and the jury decides what the facts are after hearing all the testimony. If no one asks for a jury, the judge will perform its fact-finding function. If the plaintiff does not show by a preponderance of the evidence that his or her injury was the result of a tort committed by the defendant, or if the defendant proves the facts necessary to establish a defense to the claim, the jury must find in favor of the defendant. A judgment, or verdict, for the defendant means that no money is awarded to the plaintiff.

Resources

Notes and References

• Information about Tort Claims in the Encarta Online Encyclopedia

Guide to Tort Claims