What Is A Tort Claim?

December 12, 2024 | Sagi Shaked | Personal Injury

If you’ve been harmed by someone else in Miami, Florida, you might have a tort claim. A tort happens when someone’s actions harm another person or their property. The harm can be accidental or on purpose. When this happens, you can file a tort claim to seek compensation for your losses. Having a lawyer on your side will benefit you greatly when dealing with tort claims.

Common Examples Of Tort Claims

Many situations can lead to tort claims. Understanding common examples helps explain what these cases involve:

Car accidents and truck crashes
Workplace injuries and accidents
Medical mistakes and errors
Dangerous product injuries
Slip and fall incidents
Professional mistakes
False statements that harm reputations

These are some examples of common tort claims which can result in damages.

Types Of Tort Claims

Torts fall into several different categories. Each type of tort follows specific rules and requires different kinds of proof. Types of torts include:

Negligence claims: Negligence is the most common basis of tort claims. It occurs when someone fails to act with reasonable care and harms others. A good example is a distracted driver who runs a red light and causes an accident.
Intentional torts: Intentional torts occur when someone deliberately causes harm to another person or their property. These cases include assault, battery, false imprisonment, or intentional destruction of property. For instance, if someone purposely damages your car or physically threatens you, that’s an intentional tort.
Strict liability: Strict liability cases don’t require proof of negligence or intent to harm. These claims often involve defective products or extremely dangerous activities. For example, if a manufacturer sells a faulty appliance that explodes during normal use, they’re liable regardless of how careful they were in production.
Professional negligence: Professional negligence involves mistakes licensed professionals make in their field of expertise. For example, an accountant who makes serious tax filing errors or an architect whose faulty design leads to structural problems could face professional negligence claims.
Property damage: Property damage torts involve harm to someone’s property rather than physical injury. An example would be a contractor who accidentally breaks a water pipe and floods your home, or a neighbor whose dead tree falls on your roof during a storm could face property damage claims. These cases focus on repair costs and loss of property value.

Since personal injuries take many forms, understanding the different types of tort claims is crucial for your case.

Exception: Government Claims

There are some exceptions to the general rules for filing tort claims. For example, special rules apply when filing tort claims against government agencies. The Federal Tort Claim Act sets strict procedures for suing federal agencies or employees. Unlike regular tort claims, you must file an administrative claim with the government agency before going to court. You typically have two years from the date of injury to file this claim.

Florida law also sets specific rules for claims against state and local governments. These cases often have shorter deadlines and damage limits. For example, you must notify the state agency of your claim within three years, and there are caps on how much money you can recover.

Common government tort claims include:

Postal vehicle accidents
Veterans’ hospital medical malpractice
Injuries in government buildings
Damage from government construction
Military vehicle accidents

Understanding these special rules helps protect your right to compensation.

Proving Your Case: Negligence Claims

To win a tort claim based on negligence, you need to prove four main points:

Someone owed you a duty
They failed in that duty
Their failure caused your injury
You suffered actual losses

These four basic standards must be shown to succeed in your action if negligence is involved.

Getting Compensation

You can seek money for various losses in tort claims. You might be entitled to damages for both economic and non-economic damages. Economic damages are those that can easily be assigned a monetary value, such as medical bills and treatment costs, lost wages and income, and property damage. Alternatively, non-economic damages compensate you for your more personal losses, such as pain and suffering and emotional distress. Therefore, you can recover for both financial losses and personal hardships. An experienced attorney can make sure you recover all possible damages.

Building Your Case

Strong evidence helps win your case. Here’s what to do after you are involved in an accident:

Document everything right away
Take photos of injuries
Get witness information
Keep all receipts
Follow medical advice
Be careful on social media

Taking these steps early strengthens your position. Make sure to keep all paperwork related to your accident and treatment in one place.

Getting Legal Help

Tort claims can be complicated, but you don’t have to handle them alone. When you need legal services in Florida, contact Shaked Law Personal Injury Lawyers. Our team understands tort claims and knows how to help you seek fair compensation. Get in touch with us as soon as possible to schedule a free consultation with a Florida personal injury lawyer.

Contact Our Personal Injury Law Firm in Miami, FL

If you’ve been injured in an accident in Miami, FL, and need legal help, contact our Miami personal injury lawyers at Shaked Law Personal Injury Lawyers to schedule a free consultation.

Shaked Law Personal Injury Lawyers
20900 NE 30th Ave Suite 715
Aventura, FL 33180
(786) 807-6783