Remedies for the Three Types of Torts

Tort cases usually call for a form of monetary compensation. But there are three types of torts involving different kinds of damages. Money is not the only remedy. When it comes to torts, let the remedy fit the tort.

The Three Types of Torts, Generally

The term “tort” generally means:

“…an act or omission that gives rise to injury or harm to another and amounts to a civil wrong for which courts impose liability.”

The general categories of torts include:

• Intentional torts, which include acts intended to hurt someone fall into this category.
• Negligent torts, which are injuries caused by someone’s negligence.
• Strict Liability torts, which usually means liability for making and selling defective products.

When you have been injured or damaged by another person, you might have legal means to be compensated. Sometimes this happens through personal injury claims or lawsuits.

Broad Remedies Available

You might see any of the following awards for a tort case:

• Legal Remedies. These usually take the form of financial compensation. The court might order the defendant or wrongdoer to pay the plaintiff or victim for their injuries. Legal remedies are based on the victim’s damages.
• Restitutionary Remedies. Instead of the victim’s damages, these remedies are based on how much the wrongdoer gained. The intention is to make the plaintiff as whole as they were before the tort occurred.
• Equitable Remedies. Sometimes monetary damages don’t really apply. Instead, a plaintiff might ask the court for a restraining order or injunction to stop the defendant from continuing to harm the plaintiff.

The damages incurred vary, and so do the remedies for the three types of torts.

Specific Remedies by the Kinds of Torts

There are seven basic types of intentional torts, including assault, battery, intentional infliction of emotional distress, false imprisonment, trespass to chattels, trespass to property, and conversion (theft). Potential remedies for this type of tort includes:

• Financial compensation to cover medical bills.
• Replevin, or allowing the victim to recover property taken by the wrongdoer.
• Ejectment, if someone has illegally taken possession of your property.

Courts and juries may also give punitive damages to the victims of intentional torts.

Negligent torts include car accidents, slip-and-fall cases, dog bites, and medical malpractice. Typically, the victims receive financial compensation to cover economic and non-economic losses.

Strict liability torts include damages suffered from defective products, as well as keeping dangerous animals and engaging in abnormally dangerous activities. As with other torts, the victims might receive financial compensation. However, the person or company that caused the injury might also have to change its behavior to prevent future injuries.

The Three Types of Torts Cover Many Damages

The attorneys at Powell Law are distinguished personal injury attorneys who carry on a 115-year tradition of providing thoughtful, effective representation protecting and asserting the rights of Pennsylvanians living in the Scranton/Wilkes-Barre and surrounding communities. Our decades of experience make us the clear and obvious choice for representation in personal injury cases in Scranton/Wilkes-Barre and surrounding areas. Contact Powell Law at (570) 961-0777.