What is a Tort Claim?
A tort claim is a civil claim made in response to a person or entity who inflicts an injury or some form of damage upon another. Under tort law, people have the rights to compensation when someone harms their legally protected interests. Tort lawsuits represent the bigggest category of civil litigation with a wide range of personal injury cases.
The two main types of torts include negligent torts and intentional torts. A negligence tort claim arises when a party does not intend to cause harm, but the unreasonable act or failure to act precipitates an injury to the plaintiff. Most auto accidents involve a negligence claim. Intentional torts, on the other hand, are actions that are taken deliberately. These include assault, fraud, slander, misrepresentation, false imprisonment, etc. To win a tort claim and recover all damages, the plaintiff must prove that all of the elements of the tort law (duty, breach of duty, causation and injury) were committed.
Tort Claims and Military
People injured by medical malpractice/negligence at military medical facilities or involved in accidents with a military vehicle or injured by a government employee may be entitled to obtain compensation through the FTCA (Federal Tort Claim Act). The process around FTCA claims can be a complicated legal procedure as it involves both federal law and state law. Claimants can be subjected to a lengthy and sometimes confusing list of limitations. In this case, an experienced and knowledgeable FTCA lawyer can be an invaluable ally that makes a significant difference in the outcome.
Tort Claims and the State
If you are hit by a state agency vehicle or slip and fall in a government office, you may be entitled to pursue compensation for your losses. Seeking damages against at-fault state government agencies, school district, or a local municipality is quite different from making an ordinary personal injury claim. To succeed, you’ll need to work with an experienced attorney who understands North Carolina’s Tort Claims Act and has the skills and legal resources to help you pursue claims against government negligence.
Have you have been injured due to another person’s/entity’s action or failure to act? Whether intentional or as a result of negligence, you can trust the Hatley Law Firm team to assist with your claim. Feel free to contact us at (910) 485-8888 for a case consultation to determine your best course of action.