Q:

What is a tort claim?

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Quick Answer

A tort is a legal claim filed with the intention of providing relief for a civil wrong. The Legal Information institute of Cornell University identifies three main categories of tort: intentional tort, negligent tort and strict liability tort. Torts are not necessarily crimes and generally do not result in the imprisonment of the defendant.

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Tort claims are meant to redress civil wrongs that affect a person's physical health, psychological well-being, economic condition, reputation or social standing, according to the U.S. National Archives and Records Administration. Many tort claims revolve around injury, property damage and malfunctioning products or services.

The Cornell Legal Information Institute identifies intentional tort as a civil wrong for which the defendant knew or should have known the harmful consequences of his actions. An example is intentionally running into someone's car. A negligence tort is the result of unsafe actions that demonstrate a disregard for the law and others' welfare, for instance, crashing a car due to disobeying traffic signals. Strict liability tort occurs when a person is considered liable for a wrong without regard to degree of negligence. A claim against a person whose rabid dog bit someone is an example of strict liability tort.

Specific torts may include trespass, assault, battery, product liability and intentional infliction of emotional distress, states Cornell's Legal Information Institute. If successful in the suit, the injured party may recover financial damages.

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Related Questions

  • Q:

    What are some common types of torts?

    A:

    The three main categories of tort include intentional torts, negligent torts and strict liability torts, according to the Legal Information institute of Cornell University. People file torts when seeking relief for a civil wrong. Torts are not crimes, and they usually do not result with incarceration of the defendant.

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  • Q:

    What is the difference between a tort and a crime?

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    A tort is an incident in which someone intentionally injures a person and their property and can result in a private lawsuit; a crime is a criminal action that the state prosecutes on the victim's behalf, according to the University of New Mexico. Although crimes are torts because of the resultant action on the victim, many torts are civil matters and therefore are not crimes.

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  • Q:

    What are some good interrogatories templates?

    A:

    Sample interrogatories for various types of tort cases are available for download at Miller & Zois, according to the company website. Miller and Zois also makes available sample interrogatory questions and answers, and sample interrogatories from various defendants. In addition, FindForms.com provides free sample interrogatories for various types of cases.

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  • Q:

    What are grounds for a lawsuit?

    A:

    A tort, a civil issue that allows for legal redress, serves as the basis for any lawsuit, according to Cornell University Law School. Some torts include assault, negligence, liability, defamation of character and distress.

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