The Best Personal Injury Lawyer- Classifying Torts

Sunday, July 10th, 2011 at 5:00 pm ?

The best personal injury lawyer in town and his or her associates can certainly help you understand what torts, in a legal sense, mean. Personal injury cases almost always involve tort laws and civil procedures to pursue it, apart from the right granted to sue such case.

Torts, in a general sense, are certain standards of a civil conduct. To make it sound more practical, it is actually a collective term for theories that can be used to sue people and make claims.

Classification by a Tortfeasor?s Mental State

A tortfeasor is someone who commits a tort. Torts can be classified via a tortfeasor?s mental state into 4 categories- the intentional, unintentional, strict liability, and the ones made either intentionally or unintentionally.

The intentional tort occurs when the tortfeasor does the victim harm out of intention. Battery, assault, intentional infliction of emotional trauma, and false imprisonment are examples of intentional torts.

On the other hand, the unintentional tort is often done out of negligence. Despite without the intention to cause harm, the victim is still harmed. A perfect example of an unintentional tort is when an automobile accident happens due to poor driving. Medical malpractice can also be placed under unintentional torts.

Strict liability torts do not regard whether the tortfeasor acted out of intention or not. As a result of the tortfeasor?s action, harm still resulted from it and caused the victim his life, emotional distress or perhaps, disability. Examples of cases that can be classified under strict liability torts include dealing dangerous drugs or harm caused by unattended wild animals.

The last classification of torts are those ones committed either with or without intention. This may sound tricky but to understand it better, you might want to talk to one the best among Florida injury attorneys. Invasion of privacy and defamation are examples of the last classification.

Classification By the Nature of the Tortfeasor?s Act

Torts can also be classified by the nature of the tortfeasor?s act. They are referred to as nonfeasance, misfeasance, and malfeasance.

Nonfeasance occurs when a person is held liable when he or she fails to perform an obligation or duty with intention. The 3 elements of a nonfeasance case is when the person owes the other party the duty of care, the person failed to act on the said duty, and the persons? failure to do so resulted in harm or injury to the other party.

Misfeasance, on the other hand, is a legal act done wrongfully- a normally lawful act done in an incorrect manner. In cases involving contracts, misfeasance occurs when one engages in transactions that call for proper action or duty but fails to perform such action correctly. A good example misfeasance is when a certain management fails to comply with certain protocols but ended up causing harm to one or more of the company?s employees.

Lastly, malfeasance happens when the act done is obviously wrong. The aggrieved party is often always entitled to a settlement in law suits involving malfeasance.

Filed under: Personal Injury

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