Autor: Shelby Benavidez  

Abogado colaborador:  Mark O’Donnell, attorney 

TL;DR: Key Takeaways About Torts  

  • A tort is a civil wrong that causes harm or loss to another person  
  • Most torts are unintentional and based on negligence, like car accidents or medical errors  
  • Tort cases are filed by individuals seeking compensation, not the government  
  • Most cases settle before trial – only a small percentage actually go to court  
  • Plaintiffs must prove their case by a “preponderance of the evidence” (more likely than not)  
  • Successful tort claims may result in compensation for medical bills, lost income, and more  

You’ve probably heard legal terms thrown around in movies or news stories, like lawsuit, negligence, damages, but “tort” might not be one you use every day. Still, torts are happening all around us.  

Every time someone is injured in a car crash, harmed by a defective product, or affected by medical mistakes, a tort may be involved. And in many cases, people don’t even realize they have legal rights tied to what happened.  

So what exactly is a tort, and why does it matter? Let’s break it down.  

Understanding What a Tort Is  

What Is a Tort in Simple Terms?  

A tort is a wrongful act that causes injury or harm to another person. Unlike criminal cases, where someone can face penalties like jail time or fines from the government for breaking the law, tort cases are civil matters. They’re usually brought against the at-fault person’s insurance company, and the focus is on helping the injured person recover financially for their losses. 

Types of Torts  

Torts generally fall into two main categories: intentional and unintentional. Intentional torts are things such as battery, assault, false imprisonment, and defamation, where someone knowingly brings harm to another person.   

Unintentional torts, on the other hand, are caused by someone’s negligence. This could be a car wreck, a defective product, medical malpractice, or slip and fall injuries. The majority of torts in our legal system are unintentional.   

Torts vs. Lawsuits: What’s the Difference?  

Torts and lawsuits go hand in hand, but they are not the same. A tort is the wrongful act itself. A lawsuit is the legal process used to address that wrong.  

Not every tort turns into a lawsuit, and that decision often depends on what happens after the injury. In many cases, the injured person may try to resolve the issue on their own through an insurance claim. If the responsible party’s insurance company offers fair compensation, a lawsuit may never be necessary.  

However, when liability is disputed or the offered settlement doesn’t fully cover the losses, filing a lawsuit becomes the next step to formally pursue compensation.  

How Is a Tort Case Handled?  

If you’re injured because of someone else’s actions, the process usually starts by filing a police report or an incident report, depending on the injury. Because tort cases can be difficult and stressful, especially while injured, a personal injury attorney should be your second call.  

Once you hire an attorney, they typically take over the process from start to finish. That usually includes investigating what happened, gathering key evidence, speaking with witnesses, reviewing medical records, and communicating with the insurance company on your behalf.  

From there, your attorney will open a claim with the at-fault party’s insurance company and begin negotiating for a fair settlement. However, if the insurance company refuses to take responsibility or will not offer a fair amount, your attorney may then file a lawsuit to formally pursue compensation through the court system. Even after a lawsuit is filed, many cases still settle before ever reaching trial.  

Throughout the process, the injured person (the plaintiff) is pursuing compensation for their losses, while the insurance company or responsible party (the defendant) is typically working to limit what they pay.   

Do Most Tort Cases End in a Settlement?  

La mayoría de los casos de responsabilidad civil se resuelven extrajudicialmente. Solo alrededor de 4% of tort cases ever go to trial. Many cases settle in a process called mediation, where both sides meet with a neutral third party to negotiate a deal and avoid going to trial.  

In that 4% of cases, however, a tort will go before a court to be decided by a judge or jury. If a tort case makes it to trial, it is up to the plaintiff to prove by a preponderance of the evidence that 1) the defendant was responsible for causing the damages, 2) that those damages happened because the defendant didn’t provide the standard of care of a reasonable person, and 3) that the defendant owed the plaintiff that standard of care. While the term “preponderance of evidence” can sound confusing, it essentially means “more likely than not.” This is far different from a criminal trial, where the government must prove its case beyond a reasonable doubt.  

Choosing the Right Tort Attorney  

Hiring an attorney is a big step, and choosing the right tort attorney can have a real impact on your case. Every attorney handles cases differently, and the way they communicate, support, and guide their clients is just as important as their legal experience.  

A qualified tort attorney should, of course, have a strong understanding of personal injury and civil litigation. They should also be willing to negotiate aggressively when needed and be prepared to take your case to trial if necessary. Not all attorneys are willing to go to trial, and that’s a red flag.  

Beyond legal skill and trial experience, communication matters. You should feel confident that your attorney is focused on your recovery and that you are more than just a case number.  

Final Thoughts: Understanding Torts in Civil Law  

Torts may sound super technical, but they’re really about accountability when someone is harmed. When negligence or wrongdoing causes injury, the legal system exists to help restore balance as much as possible.  

If you’ve been injured and suspect someone else may be responsible, you don’t have to figure it out alone. Speaking with an experienced tort attorney can help you understand your rights and what options may be available to you.  

Reach out today to speak with a tort attorney who can help protect your rights and guide you through the process.  

Frequently Asked Questions about Torts  

How long do I have to file a tort claim?  

The deadline to file a tort claim depends on your state’s statute of limitations. In many states, personal injury claims must be filed within two years of the date of injury. It’s important to speak with an attorney as soon as possible so you don’t lose your right to bring a claim.  

What is the difference between negligence and a tort?  

Negligence is one type of tort. A tort is the broader legal category that includes all civil wrongs. Negligence specifically refers to situations where someone fails to use reasonable care, leading to someone else’s injury or loss.  

Do I have to go to court for a tort claim?  

Not necessarily. Most tort claims are resolved through settlement or mediation before trial. Going to court is usually a last step if both sides cannot agree on a resolution.  

How do lawyers prove a tort case?  

Attorneys typically rely on evidence such as medical records, accident reports, witness statements, expert testimony, and documentation of damages. They must show that the defendant had a duty of care, breached that duty, and caused the plaintiff’s injuries.  

What should I do if I think I have a tort claim?  

If you believe you’ve been harmed due to someone else’s actions, it’s best to document everything and contact an attorney as soon as possible. Early legal guidance can help protect evidence, preserve your claim, and prevent insurance companies from undervaluing your case.