Legal terms can be confusing for anyone who isn’t a lawyer. If you’ve been in an accident or sued someone else, you’ve probably heard the terms “tort” and “personal injury.” But what’s the difference between a tort and a personal injury? Aren’t those the same thing?
They aren’t the same, but they’re related. Understanding tort law and personal injury law differences is helpful if you’ve been injured due to another’s negligence and intend to seek compensation for your physical and emotional injuries and lost wages.
What Is a Tort?
Here’s the simple version: a tort is a legal term for a civil wrong. It means someone did something (or didn’t do something they should have) and it caused harm to another individual. That harm or injury could be physical, emotional, financial, or a combination of all three.
Tort law operates within the realm of civil court, not criminal court. That means, instead of facing jail time or criminal penalties, the goal is to make things right by compensating the person who suffered harm due to another’s fault.
The Three Types of Torts
Let’s break it down even more. Under civil law, tort claims usually fall into one of three categories:
- Intentional Torts: Intentional torts occur when someone causes harm on purpose. We’re talking about intentional acts like assault, battery, or defamation.
- Negligent Torts: This is where most people find themselves. These wrongful acts happen when another party’s negligence ends up hurting someone else. Think of the physical injuries and emotional distress of car accident victims.
- Strict Liability Torts: In this tort claim, it doesn’t matter if someone meant to cause harm or was careful. They’re still responsible. Strict liability tort law covers product liability, which is a big one here.
What Is Personal Injury?
Personal injury claims are a subcategory of the big tort legal framework. It refers to injuries to a person’s body, mind, or emotions, which are things that directly impact you. When someone says they have filed a personal injury claim, they mean they got injured because someone else was negligent. The goal of the injured party is to get compensated for:
- Medical expenses
- Lost income
- Pain and suffering
- Punitive damages (in rare cases)
Common personal injury lawsuits? Car accidents, truck wrecks, motorcycle crashes, slip and falls, premises liability, and medical malpractice. You’ve probably heard about those a lot.
Why the Distinction Between Tort vs. Personal Injury Matters
It Changes How the Case Is Handled
Let’s say someone punches you in the face. That’s probably an intentional tort, and your attorney would handle it differently in court compared to, say, tripping on a broken sidewalk outside of a store, which would constitute a negligence-based personal injury claim for financial compensation.
So knowing what kind of personal injury tort you’re dealing with can shape everything from the evidence you need to collect to the type of lawyer you might talk to.
The Legal Elements to Prove Are Different
In a personal injury lawsuit based on negligence, there are four boxes you need to check to prove your case:
- The other person had a duty to be careful (like a driver following traffic laws)
- They failed at that duty
- That failure caused your injury
- And that injury resulted in actual damages (like medical bills or time off work)
In intentional tort cases, like assault, the conversation shifts to proving that someone meant to hurt you. In cases involving strict liability, you may not even have to prove intent or negligence. During legal proceedings, you just have to show the harm caused to you under certain conditions.
Personal Injury Encompasses All Torts that Cause Injury
In a broader legal sense, “personal injury” encompasses all torts that injure a person – including physical, emotional, reputational, and dignitary harms. Many plaintiff’s attorneys (and courts) include harm such as defamation, privacy invasion, and intentional infliction of emotional distress under the umbrella of personal injury law.
How Does Insurance Coverage Work in Both Cases?
Here’s where things get even more real: insurance companies care a lot about how your case is classified.
If you’re injured in a car crash, your auto insurance is involved. If you fall on someone else’s property, it might be their homeowner’s insurance. Different torts can lead to different kinds of insurance claims, and some policies won’t provide coverage in certain cases.
Knowing if you have a legitimate personal injury case or some other kind of tort can help you (and your lawyer) figure out where to file the claim, what to expect in return, and what legal hoops you may have to jump through.
Watch That Clock: Statute of Limitations in Wisconsin
This part is vital. In Wisconsin, the amount of time you have to file a claim for reputational, dignitary, physical or emotional harm depends on what kind of tort it is.
- Bodily injury: Generally three years, but there are exceptions
- Defamation (libel/slander): Generally three years, but there are exceptions
- Property damage: Generally six years, but there are exceptions (Note: Property damage from a car crash typically has a three years statute of limitations)
- Intentional torts (like assault): Generally three years, but there are exceptions
It is important to file a claim within the deadline in personal injury cases. Your case could be tossed out, no matter how solid it is. So, be prepared to seek legal representation from an experienced personal injury lawyer as soon as possible.
Get Our Experienced Personal Injury Lawyers on Your Side
If you have suffered injuries due to another’s negligence, you may have a strong compensation claim. At Gingras, Thomsen & Wachs, our personal injury attorneys will fight tooth and nail to prove the liability of the at-fault party and pursue the highest possible compensation for you.
Our lawyers have the skills, experience, and resources to take on powerful defendants and large insurance companies. Our formidable record of settlements and verdicts speaks for itself. To schedule your free consultation, call us at 855-954-1186 or contact us online.
