In civil law, a tortfeasor is a person who commits a wrongful act or infringes on the rights of another, leading to civil legal liability. Tennessee law allows one person to sue another for committing that wrongful act—also called a tort—that caused him damages or infringed on his rights, whether or not there was physical injury caused as a result of the action. The victim of a tort can collect financial compensation from liable parties for financial or property injury or for damage to a personal or business reputation, for example.
Tennessee is a modified comparative fault state, meaning that an injured party has the right to collect on damages arising from an incident, provided that they are less than 50% at fault.
In Tennessee, when there is a civil action, all of the negligent or liable parties are typically joined together and the court determines each guilty party’s portion of liability at trial. While the statute of limitations may vary depending on the kind of tort, you typically have one year from the date of the incident to file suit against a tortfeasor.
What kinds of torts can I seek relief for?
There are three general categories of torts for which plaintiffs can seek damages. These categories cover a range of wrongs, including trespass, assault, negligence, and product liability.
Intentional torts are those in which the tortfeasor knew, or should have known, that his actions would harm the plaintiff. This includes crimes like assault, fraud, or trespass. It can also include cases where a plaintiff experienced damage to their property, finances, or even reputation as a result of the intentional wrongdoing of another.
Unlike intentional torts, negligent torts are those cases in which the tortfeasor’s carelessness or failure to use reasonable caution caused harm to another, regardless of his intent. These kinds of cases may include car accidents, slip and fall injuries, and other personal injury cases.
Strict Liability Torts
Strict liability torts are not dependent on the intent or carelessness of the tortfeasor. They include cases where a specific action causes damages to another. Examples of strict liability torts may include animal bite suits or product liability cases.
What relief can I seek?
Unlike other kinds of personal injury lawsuits, which focus on compensation for the financial losses caused by injuries, a tort does not require a physical injury for a negligent party to have liability. If you have suffered damages to your property, your reputation, or your financial interests, you may be able to collect financial compensation for your losses, even if you were not physically harmed.
A torts attorney can help you review the facts in your case, give you an honest assessment of your likelihood of success, and help you navigate the courts, while serving as an advocate in your case. For a free consultation, call the Law Offices of Ogle, Elrod & Baril, PLLC today at 865-546-1111.