What’s a Tort?
Popular media and Hollywood generally have not done personal injury lawyers any favors regarding the general public’s understanding of the tort system. A tort is simply a wrong that one person commits against another that is generally not criminal in nature. Although some torts, like assault and battery, also carry criminal penalties, the vast majority of torts do not.
Negligence
Personal injury attorneys generally handle cases which involve the most common tort: the tort of negligence. Negligence is a tort by which an individual injures another through the breach of a duty of care. While many people still believe that the use of torts in the civil law system is a quick and easy way to make money (think of the infamous McDonald’s coffee case), this is not how the tort is used in reality.
Simply put, tort law utilizes the civil law system in an attempt to put individuals back into the position they were in before they suffered damages at the hands of another. This is done by awarding compensation to pay for medical bills, lost wages, and property damage, as well as other forms of damages which are caused by the individual who committed the negligent act. The amount of compensation to which the injured party is entitled is directly linked to the amount of damages he/she has suffered. Thus, some claims can yield million-dollar awards, and some claims yield much less. It all depends on the amount of damages the injured party has suffered.
How To Protect Yourself
Insurance companies are in the business of minimizing damages in order to avoid paying a claim’s maximum value. This is why, after a car accident, for example, the other driver’s insurance company may call you proactively and attempt to get you to accept a settlement very quickly. This is not because they are generous or kind – they are trying to minimize their payout, and they know that contacting you before you have received legal advice is the best way to reduce their financial obligation. It is common for victims of negligence to underestimate the amount they may be entitled to, especially when considering future expenses. We, as experienced personal injury attorneys, have the knowledge and expertise to help determine the amount of compensation to which you are entitled, and we will ensure that you receive the maximum value for your claim.
For any questions you may have for a Cincinnati injury lawyer, please contact us at Clements, Taylor, Butkovich & Cohen LPA. Our office is in downtown Cincinnati, at 810 Sycamore St. If you fill out our contact form, someone from our team will reach out to you. We can help you make sure that you are protected from someone else’s negligence and that you receive all the compensation to which you are entitled for damages.