What is Tort Law?
Tort law concerns civil matters when obligations or duties are not fulfilled. It is used by courts to determine who is responsible for an accident or intentional injury, and to what extent. In legal terms, a tort is a negligent or malicious act that causes unjust injuries or financial harm to another person. The average tort claim will have two parties – the tortfeasor, who committed a tort, and the victim, who has been injured by it and is seeking financial compensation through a personal injury claim.
If you or a member of your family has been harmed by another person or entity’s negligence, you could have grounds for a legal claim. An experienced Indianapolis personal injury lawyers from Hankey Marks & Crider can help you explore your options and determine what steps to take next. Call us at (317) 634-8565.
Standards of Care
To determine whether you have grounds for a tort claim, it is very important to understand the legal concept of a standard of care. This is the level of responsibility that another individual or organization has towards your wellbeing. A person’s standard of care towards you will vary depending on your relationship with him or her. For example, your doctor owes you a higher standard of care than a random person who happens to sit near you on a bus.
Constructing a Personal Injury Claim
In order to receive compensation, you will need to demonstrate that all of the following elements apply to the injuries you have suffered:
- The defendant failed to fulfill this duty of care.
- Your injuries were directly caused by this failure. There may have been other factors, but you cannot be compensated by the defendant unless his or her actions were the primary cause of your losses.
- Your injuries are severe enough to merit compensation. These injuries can be physical, emotional, or financial. However, you need evidence that they have significantly affected your life to the point that you need compensation.
If you are unsure whether your case meets these guidelines, an experienced personal injury attorney can review the details of your accident and inform you of your options.
If you have been harmed by another party, you may be eligible to receive compensation from him or her. To learn more, contact the experienced Indianapolis tort lawyers of Hankey Marks & Crider at (317) 634-8565 to schedule a case evaluation.