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A tortfeasor is an individual or entity that commits a tort, which is a civil wrong that causes harm to another person. Unlike criminal offenses, torts allow the injured party to seek legal remedies for the damages suffered. Tort law aims to compensate victims for their losses and discourage others from engaging in similar harmful behaviors. A successful plaintiff may recover various types of damages, including lost earnings, medical expenses, and compensation for pain and suffering.
Table of content
Legal Use & context
The term tortfeasor is commonly used in civil law contexts, particularly in personal injury cases. Legal practitioners may encounter tortfeasors in various areas, including negligence, battery, and assault. Understanding the role of a tortfeasor is essential for anyone involved in a civil lawsuit, as it forms the basis for claims against those responsible for wrongful actions. Users can manage some aspects of these cases using legal templates available through US Legal Forms, which are drafted by experienced attorneys.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A driver who runs a red light and collides with another vehicle is a tortfeasor. The injured party can sue for damages resulting from the accident.
Example 2: A store owner who fails to clean up a spill, leading to a customer slipping and falling, may also be considered a tortfeasor due to negligence. (hypothetical example)
State-by-state differences
Examples of state differences (not exhaustive):
State
Key Differences
California
Allows for punitive damages in cases of intentional torts.
New York
Has a statute of limitations of three years for personal injury claims.
Texas
Follows a modified comparative negligence rule affecting damages based on fault.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Tortfeasor
Person or entity committing a tort.
Focuses on the perpetrator of the civil wrong.
Negligent tort
Harm caused by failure to exercise reasonable care.
Type of tortfeasor behavior, specifically involving negligence.
Intentional tort
Deliberate actions causing harm.
Another category of tortfeasor conduct, distinct from negligence.
Common misunderstandings
What to do if this term applies to you
If you believe you have been harmed by a tortfeasor, consider the following steps:
Document the incident, including any evidence of harm.
Consult with a legal professional to understand your rights and options.
Explore US Legal Forms for templates that can help you file a claim or manage your case.
If the situation is complex, seeking professional legal assistance is advisable.
Find the legal form that fits your case
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