The Difference Between Tort Law and Personal Injury Law

If you have been involved in an accident, understanding the legal framework surrounding your situation is very important. One key aspect of personal injury law that you’ll want to understand is tort law. Tort law provides accident victims the means to seek compensation for their injuries and losses. All personal injury cases are torts, but not all torts are personal injury.

If you have been injured in an accident, contact The Barnes Firm. Our dedicated team of personal injury attorneys will investigate your case, negotiate with insurance on your behalf, and help you secure the compensation you deserve. Call us today at (800) 800-0000 and find out what your case is worth.

What is Tort Law?

Tort law refers to a branch of civil law that deals with civil wrongdoing or harm caused to an individual by another party. A tort, in legal terms, refers to any act or omission that results in injury or harm to another person. The objective of tort law is to provide compensation to the injured party for the damages they have suffered.

There are three main types of torts:

• Intentional torts occur when a person deliberately harms another person or their property. Examples of intentional torts include assault, battery, and defamation.
• Negligent torts, on the other hand, involve a failure to exercise reasonable care, resulting in harm to another person, including car accidents, slip and fall accidents, and medical malpractice
• Strict liability torts, unlike intentional or negligent torts, do not require proof of fault or negligence. Instead, strict liability torts hold the defendant liable for the harm caused, regardless of fault. Examples of strict liability torts include product liability cases, where a defective product causes harm to a consumer.

To prove a tort claim, the injured party must establish four elements:

• Duty refers to the legal obligation that the defendant owed to the plaintiff to act in a certain way.
• Breach of duty occurs when the defendant fails to meet this obligation.
• Causation means that there is a direct link between the defendant’s breach of duty and the plaintiff’s injuries.
• Damages refer to the harm or loss suffered by the plaintiff as a result of the defendant’s actions.

Types of Mass Tort Cases The Barnes Firm Handles

A mass tort case is a type of tort law case that involves a large number of plaintiffs who have suffered similar injuries or harm as a result of the actions of a single defendant or group of defendants. These cases typically arise from incidents such as product defects, environmental disasters, or pharmaceutical drug side effects. At The Barnes Firm, we handle the following mass tort cases:

• Tylenol Autism & ADHD Lawsuit 
• Talc/Baby Powder 
• Paraquat & Herbicides 
• Camp Lejeune Water Contamination 
• Baby Formula 
• BiPAP & CPAP Machines 
• Exactech Knee, Ankle and Hip Implants 
• Hair Relaxer Cancer Lawsuit 
• Social Media Addiction Lawsuit 

What is Personal Injury Law?

Personal injury law is a branch of tort law that deals with cases where individuals suffer physical or emotional harm as a result of someone else’s negligence or intentional actions. The main purpose of personal injury law is to provide compensation to the injured party for their losses and to hold the responsible party accountable for their actions.

In personal injury cases, the injured party, also known as the plaintiff, must establish that the defendant owed them a duty of care, breached that duty, and caused their injuries. Additionally, the plaintiff must prove that they have suffered damages as a result of the defendant’s actions.

• Duty of care refers to the legal obligation that individuals have to avoid causing harm to others. This duty can vary depending on the circumstances and the relationship between the parties involved. For example, drivers have a duty to operate their vehicles safely and obey traffic laws, while doctors have a duty to provide medical care that meets the standard of care expected of a reasonable medical professional.
• Breach of duty occurs when the defendant fails to meet the standard of care that is expected of them. This can include actions such as texting while driving, failing to maintain safe premises, or providing substandard medical treatment.
• Causation is a crucial element in personal injury cases. The plaintiff must show that the defendant’s breach of duty directly caused their injuries. This means that without the defendant’s actions or negligence, the plaintiff would not have suffered harm.
• Damages can include physical injuries, emotional distress, medical expenses, lost wages, and more. It is important for the plaintiff to provide evidence of their damages in order to receive compensation.

Types of Personal Injury Cases We Handle

Personal injury cases are wide-ranging and can involve various types of accidents and injuries. At The Barnes Firm, the types of personal injury cases we handle include:

• Motor vehicle accidents, i.e. cars, trucks, commercial vehicles like semi-trucks & big box trucks
• Motorcycle accidents  
• Slip & Fall  
• Defective Products 
• Bus accidents 
• Boating accidents 
• Train accidents 
• Amusement park accidents 
• Medical malpractice 
• Construction accidents 
• Workplace accidents 
• Dog bites 
• And more…

What is The Difference Between Tort Law and Personal Injury Law?

Tort law is a branch of civil law covering various civil wrongs or injuries that cause harm to others or their property. Personal injury law is a specific subcategory of tort law that deals with cases where a person is injured due to someone else’s negligence or intentional actions. While both types of cases require establishing the defendant’s duty of care, breach, and causation, personal injury law emphasizes negligence as the basis for liability and allows for compensation for physical injuries, medical expenses, lost wages, pain and suffering, and related damages.

On the other hand, tort law encompasses a broader range of civil wrongs, including intentional torts like assault and defamation, and allows for additional damages such as emotional distress, loss of consortium, and punitive damages. Personal injury cases are typically handled in civil court, while some tort cases may also involve criminal charges and be heard in criminal court.

Contact The Barnes Firm

Handling a mass tort case requires specialized knowledge and resources. These cases often involve complex legal and scientific issues, as well as the coordination of a large number of plaintiffs. It is important for accident victims considering a mass tort case claim to seek the assistance of an experienced and reputable attorney. Our experienced team of attorneys at The Barnes Firm are here to help answer your questions and help you get the best result possible. Call us today at (800) 800-0000 for a FREE consultation. It could be the best call you make.

Richard Barnes – President of The Barnes Firm

“As President of The Barnes Firm, I have dedicated my career to achieving justice in hundreds of cases for the victims of injuries caused through the fault of others. Additionally, I have been honored to have been elected Best Lawyer and a Super Lawyer”

Years of Experience: 30+ years