Hurt in a serious accident? You have the right to seek financial compensation through a personal injury claim against the at-fault party. If you are researching your rights, you may have come across the term “tort law.” This raises an important question: Is tort law the same thing as personal injury law? The short answer is “not quite”—tort law is a broad legal category that includes personal injury law. Here, our Kansas City personal injury attorney provides a guide to tort law.
Tort Law: Defined
As explained by the American Bar Association (ABA), tort law is focused on the righting of “civil wrongs ranging from injury, suffering, unfair loss, or any other harm caused by a non-criminal act.” In other words, personal injury law is not quite the same thing as tort law. Personal injury law is a type of tort law, but tort law also covers other civil wrongs. For example, defamation cases and property damage cases are also often tort cases. Still, most tort cases are personal injury claims. Common cases include car crashes, truck accidents, and slip and falls.
When to Speak to a Lawyer About Your Tort Claim (Personal Injury Case)
Right away. You should speak to a lawyer as soon as possible after suffering an injury due to someone else’s negligence. An experienced Kansas City personal injury attorney can help you understand your rights, gather evidence, and deal with insurance companies. Waiting too long may hurt your case, especially if the statute of limitations is approaching. Your attorney can evaluate your case and help guide you through each and every step of the claims process.
Tort Cases are Primarily Governed By State Law
Tort cases are primarily governed by state law, not federal law. For example, if you were hurt in an accident in Kansas City, Missouri, your personal injury case will fall under Missouri law. In contrast, if your accident happened across the border, your claim will likely fall under Kansas personal injury law. Each state sets its own rules for filing deadlines, liability standards, and available damages. While many general principles are shared, there are differences from state to state.
Do All Tort Cases Involve Lawsuits?
No. Not all tort cases—and, indeed, not all personal injury cases—involve lawsuits. Many personal injury claims and other tort matters are resolved through an out-of-court settlement. If a settlement cannot be reached in your specific case, you have the right to file a lawsuit and to pursue justice through litigation.
Schedule a Free Case Review With a Top Kansas City Personal Injury Lawyer
At House Law LLC, our Kansas City personal injury attorneys have the professional expertise that victims and families can trust. If you or your loved one was involved in a serious accident, we are more than ready to help. Get in touch with us by phone or contact us online for a free case review. With an office in Kansas City, we fight tirelessly for justice for injured victims throughout the surrounding region in Missouri and Kansas.
Tags: brain injury, personal injury, traumatic brain injury
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