When you hear “personal injury,” you might think of a car accident, a slip and fall at a store, or an injury from a faulty product. You’d be right, but these incidents are all part of a larger legal category called tort law. 

While the terms are often used interchangeably, it’s important to understand their subtle but key differences. Tort law is a broad category of civil wrongs, and personal injury law is a specific type of tort law that deals with injuries to a person.

What Is Tort Law?

Think of tort law as a big umbrella covering many different types of legal wrongs. A tort is a wrongful act that causes harm or loss to someone. This harm can be physical, like an injury from a car crash, but it can also be damage to property or to a person’s reputation. 

Tort law is part of civil law, which handles disputes between individuals or organizations. It is separate from criminal law, which involves the government prosecuting someone for breaking a law.

The main purpose of tort law is to provide a way for the person who was harmed (the plaintiff) to get compensation, or damages, from the person who caused the harm (the defendant). The law aims to make the injured person “whole again” by having the at-fault party pay for their losses. Torts are generally broken down into three main types:

Intentional Torts

These happen when someone purposefully causes harm to another person. Examples include battery (physically hitting someone), assault (threatening to hit someone), or trespassing.

Negligence Torts

These are the most common types of torts. They occur when someone’s carelessness or failure to act responsibly causes harm. For example, a driver who texts while driving and causes an accident is generally negligent.

Strict Liability Torts

In these cases, the defendant is held responsible for harm regardless of their intent or carelessness. This often applies to things that are typically considered extremely dangerous, like using explosives or owning certain wild animals.

What Is Personal Injury Law?

Personal injury law is a specific part of tort law that deals with situations where someone suffers physical or psychological harm due to another person’s negligence or wrongful act. It’s the legal field that handles cases where a person has been hurt, and they are seeking money to cover their losses.

A personal injury claim is a type of tort claim. In a personal injury case, a lawyer helps their client prove that another party was at fault for their injuries. They gather evidence, negotiate with insurance companies, and may file a lawsuit if a fair settlement can’t be reached. The goal is to get compensation for medical bills, pain and suffering, and other related expenses.

Here are some common examples of personal injury cases:

  • Car accidents
  • Slip and fall accidents
  • Medical malpractice
  • Wrongful death
  • Dog bites
  • Product liability (injuries from a defective product)
  • Nursing home abuse
  • Workplace injuries

There are many more examples of personal injury claims; consulting an attorney is one way to determine if you have one. 

The Relationship Between Torts and Personal Injuries

Here’s the simple takeaway: All personal injury cases are tort cases, but not all tort cases are personal injury cases.  

For instance, if a neighbor accidentally damages your fence with their car, that is a tort—specifically, a negligence tort involving property damage. It’s not a personal injury case because no one was physically hurt. However, if that same neighbor also hits and injures you while backing out of their driveway, that is both a tort and a personal injury case.

Understanding this difference can help you better grasp the legal world and what kind of legal help you need. If you’ve been physically harmed due to someone else’s actions, you need a lawyer who specializes in personal injury law. They have the specific knowledge and experience to handle the unique challenges of getting you the compensation you deserve for your injuries.

Contact Our Columbia Personal Injury Attorneys at Schultz & Myers Personal Injury Lawyers for a Free Consultation

If you have been hurt in an accident in Columbia, MO, you may be entitled to compensation for your injuries. A skilled personal injury attorney can help you understand your rights and guide you through the legal process.

Contact Schultz & Myers Personal Injury Lawyers for a free consultation today. Our Columbia personal injury attorney can help you determine the best course of action and fight to get you the money you need to recover.

Schultz & Myers Personal Injury Lawyers – Columbia Office
28 N 8th St # 502
Columbia, MO 65201