Tort Law, And Why It Is Important

10.12.17


A TORT is any civil wrong for which the law provides a remedy.
Torts provide compensation for injuries to persons and property caused by the fault of another. There have always been concerns about whether there should be restrictions on tort law because of disagreements about who should bear the financial burden for an injury and what injuries should be compensable. Powerful lobbies of doctors, hospitals, insurance companies and product manufacturers are always appealing to Legislatures to limit the ability of the public to obtain compensation for violations of tort law. Consumers who are injured by defective products, victims of sexual harassment, drunk drivers, and many other civil wrongs are always under attack with their legal ability to be compensated for their injuries.

PURPOSE 
The purpose of tort law is to restore someone who has been injured as a result of the wrong of another to the condition they were prior to the injury by awarding them monetary damages which will pay for medical expenses, lost wages and compensate for physical and mental pain and suffering as a result of their injuries.
Beyond this, however, is the role that tort law plays in punishing the misconduct of corporations and individuals who cause harm to others through negligent misconduct. The existence of our tort law makes it more expensive for corporations and other potential defendants to be negligent or have negligent policies. The fear of being in a lawsuit and having a jury determine what damages have been incurred by a negligent corporation or individual, causes those potential defendants to be more careful and to have policies to prevent injury. 
Without tort law, a corporation or individual may chose not to be more careful particularly when being careful requires the expenditure of money. Trial lawyers pursuing tort claims often uncover documents and cover-ups that can have deadly consequences to unprotected individuals.

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