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Clients will often ask our firm, “what is a tort?”
In legal terms, a tort is an act or omission that gives rise to injury or harm to another and amounts to a civil wrong for which courts impose liability. More simply put, a person did something wrong, which they knew or should have known was wrong, and now the impacted person has suffered some form of harm or personal injury. Types of “tortious” behavior may include intentional infliction of emotional distress, negligence, financial loss, injury, invasion of privacy, and numerous other harms.
Our Delaware County personal injury attorneys represent people injured in all types of accidents caused by the fault or negligence of others. The types of personal injury accidents and other tort claims we handle include:
Civil proceedings are different from the more commonly known criminal proceedings, where a defendant is charged with a crime, for which if they are found guilty, they may face loss of freedoms through incarceration, state supervision (through probation and parole), or collateral consequence (loss of rights). In a civil proceeding, a defendant is not faced with a loss of freedom, but rather a judgment that could result in either a court-imposed award for damages paid by the Defendant to the harmed parties (“Plaintiff”) or an injunction (preventing further similar acts by the Defendant). Damages may be compensatory (an award to a Plaintiff to help place them back into a position like one they enjoyed prior to the tortious conduct of the Defendant), or (less often) punitive, where the court both awards the Plaintiff and “sends a message” to the Defendant with the intention to prevent similar behavior in the future.
Personal injury claims often involve complex medical evidence and extensive negotiation between the attorneys for the Defendant and Plaintiff, as well as insurance companies. Determining the amount of compensation owed for injuries suffered and their effect on a Plaintiff’s quality of life (and earning potential) is difficult. Litigation often takes an extended period of time, and the result may include significant damage awards.
The complexity of personal injury cases requires skilled negotiation as well as zealous advocacy during litigation. If you or a loved one has suffered an injury because of the tortious behavior of another, the Law Offices of Mark Much will be happy to review your situation. As always, consultations with our offices are always free. Contact us today to discuss your case.
established in 1991, The Law Offices of Mark Much
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