What is a Tort Claim?

A tort claim is a common law claim against another person or entity for breach of a legal duty that results in damages (economic and non-economic) to the person asserting the claim. A negligence claim is a type of tort.

In the usual negligence case, the plaintiff is required to prove beyond the preponderance of the evidence that the defendant was negligent and that the negligent act or omission was the proximate cause of injury and damages to the plaintiff. Essentially, a tort claim for bodily injury boils down to the plaintiff proving that the defendant was first liable for his actions and that as a result of the liability, damages have been suffered.

Some cases have "good liability" but little or no damages, and others have "thin liability" but very large damages. These two variables are the constant underpinnings that attorneys and claims adjusters negotiate when a claim is evaluated.

The ability of all citizens to prosecute legal claims freely, with a right to trial by jury, is responsible for many positive changes that have come about in modern society. It is good public policy to hold a person or a corporation accountable for actions that harm others or that are likely to cause danger. By enforcing civil liability in this manner, all persons and corporations must think in advance of the consequences of their actions and conduct themselves with the safety of others in mind.

With the help of The Farber Law Group, a Washington law firm experienced and knowledgeable in handling auto accident cases, you may be able to recover the full amount of your damages. Please contact us for more information and to schedule a free consultation.