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You and the Tort Law: A Guide
by: Carla Ballatan
Everyday, we’re always at the risk of falling victim to misfortune whether it is from using defective products or unknowingly falling off into a manhole, or sustaining vast injuries due to serious highway accidents. You may think that accidents that happen everywhere to other people are of nobody’s fault than theirs alone…But, once something happens to you, say you were bit by a dog whose owner was careless enough to let it wander off, you may cry out, indeed – “not my fault!”.

Injuries may range from trivial to critical, depending on how it was obtained physically, mentally or emotionally. If an individual or group has a liability for your accident, you can file for claims under the tort law. This area of the law is invaluable you need to have knowledge of it.

Torts are private and civil wrongs or injuries that may be remedied through a court of law by a lawsuit for damages/compensation. Once an individual or a group of individuals violate their duty to others created under general or statutory laws, a tort has been committed. Liability in the tort law is based upon “…the relation of persons with others; and these relations may arise generally, with large groups or classes of persons, or singly, with an individual…The common thread woven into all torts is the idea of unreasonable interference with the interest of others.” Prosser & Keeton, supra,p.5. Thus, the chief aim of action in tort is that an individual be compensated for the loss he has suffered within the scope of his legally recognized private interests, as the best method of relief.

Tort law is a branch of the civil law. This is one of the three main branches of civil law where the other branches are contract and property law. In tort cases, the plaintiff is the victim of an alleged wrong and the unsuccessful defendant is directed by the court to pay damages to the plaintiff. The so-called injunctive relief for the defendant is when he is directed to discontinue from a wrongful activity.

Torts have three general categories. Intentional torts are wrongs which the defendant knew or should have known would happen through their actions or inactions (e.g. intentionally hurting a person). Negligent torts happen when the defendant’s actions were unreasonably unsafe (e.g. causing accident by failing to obey traffic rules). Strict liability torts are wrongs that do not depend on the degree of carefulness by the defendant but established when a particular action causes damage (e.g. liability for selling expired products).

Misfortune may happen unexpectedly to you or anyone in your family and when it does, a you, as a victim may incur costs. You can shift these costs to others who you believed has strict liability in causing it. The principles of the tort law help you in getting compensation for damages suffered not by your own fault. Contact an attorney practising this particular area of the law for clarifications and tips in filing for claims.


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All About Claims

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 Insurance Claims
 by: Alan Jason Smith

When you are involved in an accident insurance claims may not be the first thoughts on your mind. However, there are some procedures you should follow in order to preserve your right to file an insurance claim. This may be anything from hail damage to a stolen vehicle and does not refer solely to car accidents.

The first thing you want to do is prevention. Most insurance claims can be prevented even before the incident occurs. For instance, to prevent auto accident’s be cautious and think about taking a defensive driving course. To prevent stolen vehicle insurance claims, keep you vehicle locked up and parked in a secure place. To prevent damage from the forces of nature do not travel in bad weather and keep your car in a covered parkway. There are many ways to prevent yourself from incurring loss. Most ideas are just common sense. However, for more information contact your insurance agent for ideas on prevention. Next, you will want to remain calm. When disaster strikes people react. That is our nature. However, sometimes people’s reactions can make things worse on their insurance claims.

If you’re in a car accident this might mean taking the blame, leaving the scene of an accident, or putting your self in danger. If you’re car is stolen you may act on your reaction by accusing innocent persons. There are a number of problems that can arise when people over react that is why it is essential to your insurance claim for you to remain calm.

Now, the next thing you need to be aware of is time. You see, time is not on your side when filing an insurance claim. The longer you wait the less your chances are of recovering your loss. Most insurance companies will not even consider a claim if it was turned in a certain amount of time after the incident. It is also harder to prove the longer you go before submitting an insurance claim.

Finally, you will want to follow procedures and document everything. Insurance companies are hit with frauds all the time. In order to weed out the actual claims from the fraudulent ones, they have to have clear cut procedures. Unfortunately, this can sometimes be confusing to actual victims. Yet, they are in place out of the need to protect the company. This means that you will have to educate yourself to what the policies are. Find out what documentation you need and what forms you will have to file. If you need help, contact your insurance agent. That is what they are there for. If you follow this advice, you should be able to file a claim relatively easy and with the least amount of lag time before payment.


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