If you were hurt because of someone else’s negligence, an unsafe property, or a defective product, you can seek compensation for your damages. As you recover from your painful injuries, you may wonder if you are looking at a tort or a personal injury lawsuit.
Understanding the difference between the two can help you figure out which actions you need to take next.
Comparing and Contrasting Torts and Personal Injury Lawsuits
Torts and personal injury lawsuits share some similarities, but they are two different things. A tort is a wrongful act that violates someone else’s legal rights. A personal injury lawsuit is more narrow in definition, but every personal injury is a kind of tort.
Personal injuries are distinguished from torts in that they result in physical or emotional injury and are caused by another person. The at-fault party may have done these things intentionally, or it could have been due to their negligence.
Trespassing is a prime example of a tort as being on someone else’s property without their expressed permission is a violation of the property owner’s rights. Car accidents are among the most common types of personal injury lawsuits and are often the result of another driver failing to follow the rules of the road.
The Three Categories of Torts
All torts can be divided into the following three separate categories:
Intentional Torts
An intentional tort occurs when one person’s deliberate actions cause harm to someone else. Examples of intentional torts include assault and battery, intentionally inflicting emotional distress, and trespassing.
Negligent Torts
Every personal injury claim is a negligent tort, which is harm caused to others by carelessness. In slip and fall accidents and car accidents, the negligence of another person occurs when they fail to properly follow the duty of care they owe to others.
Strict Liability Torts
Strict liability torts are the least common type and assign liability to a party even if they took all the right steps to prevent an accident from happening. Dog bites are by far the most common example of strict liability torts.
A Word About Mass Torts
There are also mass torts, which are reserved for when a single action or inaction hurts many people. Defective drugs or medical equipment are common examples of when a mass tort would be sought. In mass tort cases, everyone affected will likely suffer different injuries, but they were all harmed by the same item or action. By combining the torts into one legal action, it eases the burden on the courts and helps resolve the legal matter faster.
How Long Do You Have to File a Tort or a Personal Injury Lawsuit in Wisconsin?
In Wisconsin, the statute of limitations provides a time limit in which you are permitted to take legal action. This gives you three years from the date of your accident or injury, though some exceptions may apply.
If you are filing a claim against a government entity, the time frame to file will be much shorter. You must also provide a notice of your claim within 120 days of the incident in question. After filing the notice, you will have two years to file your lawsuit.
In wrongful death cases, the statute of limitations is set at three years. For wrongful deaths caused by a motor vehicle accident, the statute of limitations is reduced to two years from the date of death.
Anyone who is injured as a minor can have the statute of limitations tolled until they turn 18. There are other deadlines to keep in mind, which is why it is wise to seek legal advice on behalf of an injured minor as soon as possible.
Why You Should Act Quickly to File Your Claim
Even if the statute of limitations in your case is shortened, it is important for you to take action quickly. Crucial evidence will disappear as more time elapses, making it much more challenging for you to pursue a tort or personal injury lawsuit.
Along with deadlines, getting everything you need to prove your claim is valid can be difficult. Fortunately, there is help for injured victims in Eau Claire through personal injury attorneys who can get the ball rolling on their case and advocate on their behalf.