If you’ve been injured by a negligent person, defective product, dangerous drug, or unsafe property conditions, then you are likely entitled to compensation from the at-fault party for the harm you suffered. But in the process of trying to find out how to get compensation, you may have heard a lot of legalese tossed around, including “tort” and “personal injury lawsuit.”

Our blog answers what you need to know about both torts and personal injury lawsuits, how they differ, and which can get you the money you need to get your life back together after an accident.

Torts VS. Personal Injuries

All personal injury lawsuits are torts, but not all torts are personal injury lawsuits. Torts are any harm committed against someone that can be tried in a civil court, while personal injuries are only physical harm.

For example, while accident victims can sue for pain and suffering damages in a personal injury lawsuit, this only applies if the pain and suffering is caused by a physical injury. Purely emotional suffering is legally distinct.

What are the Differences Between Types of Torts?

There are three main types of torts.

Intentional torts involve harm that is intentionally caused, and include (but are not limited to):

  • Trespassing
  • Assault and battery
  • Intentional infliction of emotional distress

Negligent torts involve harm caused by negligent, reckless, or careless behavior, and include (but are not limited to):

  • Car accidents
  • Slips and falls
  • Medical malpractice

Personal injury claims are negligent torts.

Strict liability torts involve cases in which the at-fault party can be assigned liability even if they took all due precautions to prevent injury, and include:

  • Abnormally dangerous activities (such as blasting dynamite)
  • Animal attacks
  • Manufacturing defects

This is the least common type of tort.

What is a Mass Tort?

At Joye Law Firm, when we talk about torts, we typically are referring to mass torts surrounding exceptionally dangerous products or drugs that have injured thousands of people. For example, medical implants that fail and require revision surgery, or prescription and over-the-counter drugs that significantly increase the users’ risk of cancer.

When you join a mass tort, evidence from other members of the tort can be used to support your claim, but unlike in a class action lawsuit – where one member stands in for the group as a whole – your case is still tried individually.

After an Injury, Contact Our Experienced Tort Lawyers

When you’re injured and unable to work, and thus unable to pay your medical bills, because of someone else’s negligence, it’s a horrible, stressful experience. At Joye Law Firm, we want to take as much of the fear and stress off your shoulders as we can, and make sure you wrap up your treatment with a check that covers all the bills your injury racked up, as well as compensation for the emotional distress you went through.

Don’t put off getting the help you need; contact our firm today to discuss your claim.

About the Author

Since 1968, the South Carolina personal injury and workers’ compensation attorneys of Joye Law Firm have been committed to securing compensation for accident and injury victims. Our compassionate and dedicated lawyers have nearly 250 years of combined litigation experience, and many of them have been recognized as South Carolina Super Lawyers. For many years, our South Carolina personal injury law firm has been listed with an AV rating in the prestigious Martindale-Hubbell legal directory.

Recent Blog Post
How to Prove the Other Driver was Drunk After a Crash

It is not necessary to prove that the driver who caused your crash was drunk to prove that they were negligent. However, if you can show that they were intoxicated when they struck you or your vehicle, it will be…

Dangerous Intersection at Highway 17 and Davison Road in Ravenel, SC

There has been yet another serious accident at a well-known intersection in Hollywood, this one involving an SUV and a tractor-trailer.  Residents and commuters are all too familiar with the intersection of the Savannah Highway (US Highway 17) and Davison…

pile of logs
How Logging Accidents Happen in North Charleston

South Carolina’s strong agriculture industry is known for producing a wide bounty of crops and goods, making “Certified SC” stickers a familiar site in most local grocery stores. However, some South Carolinians may be surprised to learn that timber is…

How Much Can I Get for Pain and Suffering in South Carolina?

When someone is injured through no fault of their own, they can get compensation in a personal injury lawsuit, and the purpose of that compensation is to get the victim as close as possible back to how they were before…

Awards & Recognition
Best Law Firms 2021
Million Dollar Advocates Forum
B Member
Martindale-Hubbell
Best Lawyers 2021 Small
BBB
ASJ Leaders Forum
National Trial Lawyers Top 100
Google Review
Avvo Rating
Media
CBS News
Fox
NBC
ABC