What Does "Tort Law" Mean in the Legal Industry?

In the legal industry, "tort law" refers to a broad category of civil law that addresses wrongs committed by one party against another. The primary objective of tort law is to provide relief to individuals who have suffered harm due to another's actions, whether intentional or accidental. 

Unlike criminal law, which seeks to punish offenders for crimes against the state, tort law focuses on compensating victims for their losses and preventing future harm through legal accountability.

Tort law plays a critical role in maintaining justice in society by ensuring that individuals and entities take responsibility for their actions. If a person or company causes harm—whether through negligence, recklessness, or intentional misconduct—the injured party may seek financial compensation or other remedies through a civil lawsuit.

Morgan & Morgan, America’s largest personal injury law firm, has over 35 years of experience in tort law, fighting For the People and recovering over $25 billion in the process. If you have questions about your specific case, contact us today for a free, no-obligation case evaluation. We’re happy to listen and here to help.

Key Elements of a Tort Case

For a case to be considered a tort, it must meet certain legal standards. The elements of a tort case vary depending on the specific type of claim, but generally include the following:

• Duty of Care: The defendant must have owed a legal duty to the plaintiff. This duty arises when the law recognizes a relationship between the parties that requires the defendant to act in a certain manner toward the plaintiff.
• Breach of Duty: The defendant must have failed to uphold their duty of care, either through action or inaction. This is assessed by comparing the defendant's conduct to that of a reasonable person under similar circumstances.
• Causation: The plaintiff must prove that the defendant’s breach of duty directly caused their injury. There are two types of causation:
  • Actual Cause (Cause in Fact): The harm would not have occurred "but for" the defendant's actions.
  • Proximate Cause: The harm was a foreseeable result of the defendant’s actions.
• Damages: The plaintiff must have suffered actual harm or loss due to the defendant’s actions. These damages can be economic (medical expenses, lost wages) or non-economic (pain and suffering, emotional distress).

If all these elements are established, the court may hold the defendant liable and require them to compensate the plaintiff.

Types of Tort Lawsuits

Tort law encompasses various types of claims, which generally fall into three main categories: intentional torts, negligence, and strict liability.

Intentional Torts

Intentional torts occur when a person deliberately engages in actions that cause harm to another. Unlike negligence, where harm results from careless behavior, intentional torts require the element of intent. Some common examples include:

• Assault and Battery: Assault occurs when someone threatens another person with imminent harm, while battery involves actual physical contact or harm.
• False Imprisonment: Unlawfully restricting someone's freedom of movement without their consent.
• Defamation (Libel and Slander): Making false statements that harm another person's reputation. Libel refers to written defamation, while slander involves spoken statements.
• Fraud: Intentional deception for personal or financial gain.
• Invasion of Privacy: Intruding on someone’s private affairs without justification.
• Intentional Infliction of Emotional Distress (IIED): Extreme and outrageous conduct that causes severe emotional trauma.

Negligence Torts

Negligence is the most common type of tort and occurs when a party fails to exercise reasonable care, leading to harm. To establish negligence, the plaintiff must prove the elements discussed earlier: duty, breach, causation, and damages. Common examples include:

• Car Accidents: When a driver’s reckless or inattentive behavior leads to a collision that injures others.
• Medical Malpractice: When a healthcare provider fails to provide a standard level of care, resulting in harm to a patient.
• Slip and Fall Accidents: When property owners fail to maintain safe conditions, causing visitors to sustain injuries.
• Product Liability (Negligence-based): When manufacturers fail to design, produce, or warn about defective products, leading to consumer injuries.
• Workplace Accidents: When employers fail to provide safe working conditions, leading to employee injuries.

Strict Liability Torts

Strict liability torts do not require proof of negligence or intent. Instead, liability is imposed based on the nature of the activity or product involved. Some examples include:

• Defective Products (Product Liability): Manufacturers or sellers can be held liable for injuries caused by defective products, even if they exercised reasonable care in production.
• Dangerous Animal Attacks: Owners of certain animals can be held liable for injuries caused by their pets, regardless of prior behavior.
• Abnormally Dangerous Activities: Individuals or businesses engaged in inherently hazardous activities (using explosives, handling toxic chemicals) may be held strictly liable for any resulting harm.

What Is a Mass Tort?

Mass torts represent legal actions that involve a class of plaintiffs that file one civil lawsuit for the same type of personal injury incident. Instead of a wrongful act committed against just one plaintiff, a mass tort demonstrates the defendant committed one or more wrongful actions that harmed several people.

Mass tort actions help individuals get justice against much more powerful and influential defendants. Two of the mass torts Morgan & Morgan have worked on involve the paraquat and talcum powder mass torts.

Legal Remedies in Tort Cases

When a plaintiff successfully proves their tort claim, they may be entitled to various legal remedies, including:

• Compensatory Damages: Designed to reimburse the victim for actual losses, such as medical expenses, lost wages, and property damage.
• Punitive Damages: Awarded in cases involving gross negligence or intentional misconduct, these damages serve as punishment and a deterrent against future wrongdoing.
• Injunctive Relief: A court order requiring the defendant to take or refrain from certain actions (stopping the publication of defamatory statements).
• Restitution: Requires the defendant to return or replace something wrongfully taken from the plaintiff.

Have a Tort Case? Morgan & Morgan Can Help

Whether a case involves intentional wrongdoing, negligence, or strict liability, tort law provides a legal pathway for victims to recover damages and hold wrongdoers accountable. 

As the largest personal injury law firm in the United States, Morgan & Morgan is dedicated to protecting the rights of those harmed by negligence and misconduct. If you or a loved one has been injured due to someone else’s actions, our experienced attorneys are here to help you navigate the complexities of tort law and secure the compensation you deserve.

Hiring one of our lawyers is easy, and you can get started in minutes with a free case evaluation.

Frequently Asked Questions

Is Medical Malpractice a Tort?

Yes, as mentioned above, it is a tort. 

Medical malpractice is a specific subset of tort law that focuses on professional negligence. The harm caused by medical malpractice doesn't necessarily come from intentional wrongdoings. Rather, a medical professional can commit this type of tort by acting negligently or failing to act appropriately.

Medical malpractice law is generally under the authority of each state, not the federal government, and so varies from state to state. Generally speaking, to win compensation for injury, you must prove that you were harmed because of substandard care, and you must bring forth your allegation in a timely manner to comply with your state's statute of limitation. Suppose you're able to establish negligence in court. In that case, the compensation is typically calculated to include medical costs and ongoing care, loss of income, now and in the future, as well as noneconomic losses like pain and suffering.

What can I do if a loved one or I was harmed by a healthcare professional?

Every year, approximately 15,000-19,000 lawsuits are filed in the U.S. claiming medical malpractice or negligence. 

When we go to a doctor, we expect them to help us, and in some cases, we're literally putting our lives in their hands. We all know that medical professionals go through long years of rigorous training to enter the profession, but what happens when they make a terrible mistake?

A medical malpractice lawsuit can be filed against any licensed healthcare provider such as:

• Doctors
• Nurses
• Physical therapists
• Dentists
• Dental hygienists
• Pharmacists
• Pharmacy technicians
• Physician assistants
• Psychiatrists

The following elements must be established when proving medical malpractice:

1) A doctor-patient relationship existed.

2) The medical professional failed in their duty to exercise the degree of care expected of a reasonable medical professional.

3) This failure caused your injury.

4) Your injury led to specific damages. 

Medical professional-patient relationship: You need to show there was an established professional relationship. There is usually enough proof when a doctor or nurse sees you at their office. There will be documentation in the form of copays, emails, appointment reminders, and payments. You can't sue a doctor you met at a friend's house who gave you dismissive advice on a mole that later turns out to be skin cancer. You have to have a professional relationship.

The medical professional was negligent: Feeling unhappy with your medical professional's services doesn't constitute medical malpractice. They must have treated you with negligence as concerns your treatment or diagnosis. When suing for medical malpractice, you need to prove negligence caused your injury in a way that a reasonably competent medical professional, under the same circumstances, would not have. It is not medical malpractice to fail to provide the very best care, but rather the medical professional should provide care that is reasonably skillful and careful.

The medical professional's negligence caused your injury:  Malpractice lawsuits tend to come from patients that are already sick, which is why they are seeking treatment in the first place. Because of this, you can run into issues proving that negligence made them sicker or caused their death. It must be proven that it's more likely than not that the medical professional's negligence is directly related to the injury. Under these circumstances, it often requires a medical expert to testify that the injuries were the medical professional's fault.

The injury led to compensable damages: As stated before, just because a medical professional didn't perform their best, that doesn't mean they are guilty of medical malpractice. Their actions or inactions must lead to specific damages like additional medical bills, physical pain, lost work or loss of future income, or mental anguish.

Usually, in a medical malpractice case, the primary focus will be on what the medical professional should have done under your circumstances. The standard of care under which medical professionals are judged is called the "medical standard of care." Usually, to prove this kind of negligence, it takes the expert testimony of an equally qualified medical professional to show the defendant deviated from these standards. 

How Do I Choose the Right Tort Attorney?

Proving another party harmed you requires the expertise of an experienced tort attorney. Lawyers who have just earned a license to practice law do not have the experience to handle complex tort cases, especially mass tort cases. An experienced tort attorney knows how to calculate a fair value for a settlement, as well as negotiate with the other party’s legal counsel.
You also want to hire a tort attorney who specializes in the type of tort law that concerns your case. 

For example, if you sustained injuries from a slip and fall, you want to work with a lawyer from Morgan & Morgan who specializes in slip and fall tort cases. A slip and fall case introduces several different factors than the factors that make a strong car accident lawsuit.

To learn more if a Morgan & Morgan attorney is right for you, you can get a free case evaluation in minutes.