Many times when someone is injured, through no fault of their own, the question arises can a negligence claim or tort case be brought in order to compensate the person for his or her injuries? What does it mean to bring a tort case or negligence case?
Negligence law and tort law are really the same thing. Our civil justice system, rightfully so, allows an injured party to be fully and fairly compensated when they are injured due to someone else”s failure to use reasonable care. For example, all drivers have a duty to use reasonable care and maintain a proper lookout when driving. If that duty is breached, resulting in a car accident in which there is an injury then the injured person has a legal right to bring a tort or negligence case against the driver who was not paying attention. That driver was negligent. As long as there is a legal duty from a defendant to a plaintiff, breach of that duty and injury proximately resulting therefrom, bringing a tort/negligence case may very well result in monetary compensation.