We Offer Free Consultations    CONTACT US

Tort Lawsuits

Denver personal injury attorneys provide committed representation for victims of negligence

Legally defined, tort lawsuits are a “body of rights, obligations, and remedies that is applied by courts in civil proceedings to provide relief for persons who have suffered harm from the wrongful acts of others.”

Like most legal terminology, the word “tort” originates from the Latin language. Tortus, which translates as “twisted,” is the biggest category of civil litigation, and occurs when a negligent act unfairly causes someone else to suffer loss or harm. Negligence plays a key role in determining whether or not a legal action is a tort.

To win a tort case, three elements that must be established in a claim include:

  1. That the defendant had a legal duty to act in a certain way
  2. That the defendant breached this duty by failing to act appropriately
  3. That the plaintiff suffered injury or loss as a direct result of the defendant’s breach

While torts can include lawsuits stemming from criminal activity (...known as an “intentional tort”), civil wrongs like negligence, premises liability, and wrongful death are the driving factors behind a claim most of the time.

Other common types of tort lawsuits include:

  • Trespassing torts
  • Defense torts (Self-defense, Defense of property, Comparative negligence, etc.)
  • Product Liability torts
  • Nuisance torts
  • Dignitary torts (Defamation, Invasion of privacy, Breach of confidence, etc.)
  • Economic torts (Fraud, Conspiracy, Restraint of trade, etc.)

How Tort Law Differs From Criminal

Although crimes may be torts also, there are differences between a criminal charge and a tort. For one, a tort does not seek to sentence the defendant to jail time or fines, but rather makes the defendant legally obligated to pay the claimant the decided upon amount of monetary compensation for harm they caused.

Torts focus on monetary compensation for damages, while criminal cases seek punishment under the law.

Second, tort lawsuits have a lower burden of proof than criminal cases. In criminal trials, the prosecution must establish proof beyond all reasonable doubt in order to convict the defendant. In contrast, torts operate under a “preponderance of evidence” system, which means that the balance of proof must weigh in the claimant’s favor to win a case. In other words, the proposition is more likely true than not true.

Some actions are considered to be both a crime and a tort simultaneously. For example, if a person punches another person, leading to injuries, they can be subject to both criminal prosecution and a civil claim for damages. This is an example of where criminal law and tort can overlap.

Colorado Tort Lawyers

At The Babcock Law Firm, we have years of experience winning tort cases for victims suffering from the effects of car accidents, truck accidents, motorcycle accidents, drunk driving accidents, pedestrian & bicycle accidents, slip & falls, or wrongful death of a loved one.

In tort cases, it is essential you receive legal representation from an attorney who fully understands the differences between torts and criminal law, and is equipped to handle the lengthy process of proving negligence.

If you would like to talk to Denver personal injury attorney R. Mack Babcock or an associate at the Babcock Law Firm about filing a tort, contact us today for a free consultation.

See articles below, or visit our knowledge center and blog to learn more...

Related Articles From our blog
time taken to settle a personal injury case
How Long Does it Take to Settle a Personal Injury Case?

After you’ve been in an accident, a million thoughts can […]

understanding the difference between tort and crime
Distinguishing Torts Lawsuits from Crimes

Legal jargon can be confusing – even for those of […]

difference between tort and civil law
Tort Law vs. Civil Law: How to Judge the Difference

In the grand scheme of the law, two predominant case […]

Client Testimonials

5-star review image
Job Well Done
Workers Compensation  |  Thornton
Represented for repetitive use injuries to both hands. Resolved issues and negotiated settlement.
"David Ong handled my worker's compensation case and did an excellent job. He always returned my calls promptly ..."
Teeny, Verified Customer
5-star review image
The best law firm
Workers Compensation  |  Denver
Retained for representation after client fell at work and broke his ankle. Assisted client and his wife to understand the workers' compensation claim process and obtained a final settlement when he wanted to get out of the workers' compensation system.
"I got injured on the job and Stephanie helped me get my pay check on time, meds for ..."
Christian Ray, Verified Customer
5-star review image
Workers Compensation  |  Littleton
Retained following shoulder injury. Objected to Final Admission and negotiated resolution.
"Very professional. Kept me informed of the process and where we were at in the case."
Dave, Verified Customer

Read All Reviews

Schedule your free consultation with our attorney. No cost - No commitment.