The Differences Between Tort Law and Personal Injury Law
If you’ve been hurt in an accident or are researching your rights, you’ve probably run into the terms “tort law” and “personal injury law.” At first glance, they might sound like legal jargon, but understanding the differences can make it easier to protect yourself and your loved ones.
Here’s a breakdown of what distinguishes the two in plain, simple language.
What Is Tort Law?
Tort law is a broad area of civil law that covers any situation where someone’s actions (or failure to act) cause harm to another person. In other words, a “tort” is a civil wrong that results in injury or loss. Tort law focuses on financial accountability for damages inflicted by individuals or businesses, not imprisonment.
To give you a better sense of what falls under tort law, here are the main types:
- Negligence: when someone is careless and that carelessness leads to harm, like a distracted driver causing a crash
- Intentional Torts: when someone hurts another person on purpose, such as in cases of assault or battery
- Strict Liability: when someone is held responsible for harm regardless of intent or carelessness, such as in product liability cases
In short, tort law is the broad legal area that allows people to seek compensation for a wide variety of harms — not just physical injuries, but also damage to reputation or property.
Where Does Personal Injury Law Fit In?
Personal injury law is a branch of tort law that deals with injuries affecting a person’s body, mind, or emotional well-being. If you’ve been injured in a car accident, slipped and fallen in a store, or been attacked by a dog, you’re dealing with personal injury law. It’s all about making the injured person as “whole” as possible — usually through financial compensation for damages like medical bills, lost wages, and pain and suffering.
To win a personal injury case, you typically have to prove four main elements:
- Duty: The other person or company owed you a duty of care.
- Breach: They failed to meet that duty.
- Causation: Their actions (or inaction) directly caused your injury.
- Damages: You have suffered financial losses that can be measured.
Evidence that can prove these elements includes medical records, police reports, witness statements, and expert testimony.
How Damages Work in Personal Injury Cases
The goal in a personal injury case is to get compensation for what you’ve lost. This can include:
- Medical expenses
- Lost wages
- Pain and suffering
- Out-of-pocket costs
Colorado law has its own rules regarding how damages are calculated and what can be claimed, so it’s essential to consult with a local lawyer who is familiar with the specifics.
What Makes Tort Law and Personal Injury Law Different?
While all personal injury claims fall under tort law, not all torts are personal injury claims. For example, a business suing another for unfair competition is a tort case, but it isn’t a personal injury claim. Personal injury law focuses on harm to individuals, rather than property or business interests.
Here’s a quick way to think about it:
- Tort law: the big umbrella covering all civil wrongs
- Personal injury law: the part of tort law that deals with injuries to people
Knowing the differences can help you determine the type of lawyer you need and what your next steps should be. If you’re dealing with an injury, a personal injury lawyer is the right person to call.
Contact Zaner Law Personal Injury Lawyers for a Free Consultation With a Denver Personal Injury Lawyer
If you were injured in Colorado, we’re here to help. Contact Zaner Law Personal Injury Lawyers today to schedule a free consultation with a Denver personal injury lawyer. We’ll listen to your story, answer your questions, and map out your next steps.
We are located in Denver, CO, proudly serving all of Denver County.
Zaner Law Personal Injury Lawyers
1610 Wynkoop Street, Suite 120
Denver, CO 80202
(720) 613 9706
