If you sustained injuries because of the actions of another person, you have the right to bring a case of civil tort. These actions let you seek financial compensation for the injury you suffered. Personal injury cases may range from those that result from car accidents, dog attacks, defective products, medical malpractice, wrongful death, and more. Most torts are based on unintended negligence. Apart from negligence, cases may be based on intentional torts or strict liability.
Negligence occurs when a person breaches their duty to act with reasonable care that results in damages. Cases that involve negligence are the most common kind of tort claims. If you want to prevail in these cases, you should hire a Colorado personal injury lawyer to help you prove that your injuries resulted from another person’s negligence which entitles you to pursue financial losses. These kinds of claims have unique intricacies that often require legal assistance.
What are Strict Liability Claims?
Strict liability claims are usually filed against defective product designers or manufacturers. If you are a victim of this type of case, you don’t have to prove manufacturer negligence. You just have to prove that the defective product is unreasonably dangerous for the intended use. Strict liability may apply to entities who conduct dangerous actions that resulted in injuries. It is based on minimizing exposure to danger among the public.
What is Intentional Tort?
An intentional tort claim can be filed by a victim of a party that deliberately caused harm to them. This kind of tort is associated with criminal-type law since the action is willful. Intentional tort cases include battery, assault, and infliction of emotional hardship.
Intentional torts are rarely brought since injury compensation is often sought from the insurance company of the negligent party. Road-rage incidents are becoming more and more common. Road rage happens when a driver becomes very irritated with the actions of another driver and shows dangerous kinds of aggressive behavior. These include following too closely, cutting off another driver, or deliberately colliding with another car. The car insurance company of the defendant will not take responsibility for claims brought because of these intentional acts.
Moreover, a lot of intentional torts stem from criminal acts but they are only applicable for damages to people or property. It is the government that brings criminally-based charges which include penalties like incarceration. Liable parties in civil cases may have to pay only for economic compensation.
