What Is the Difference Between a Tort and a Personal Injury Lawsuit?

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.

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