Journal About Legal Insights

When someone's wrongful behavior injures you or damages your property, tort law creates the legal pathway to compensation. Think of it as the civil justice system's answer to the question: "Who pays when things go wrong?"

Unlike criminal prosecutions—where district attorneys charge defendants on behalf of society—tort lawsuits are fights between private parties. You're the plaintiff seeking money from the defendant who harmed you. The Latin root tortus translates to "twisted," which makes sense when you consider these cases involve conduct that society considers crooked or wrong.

Here's what separates tort law from other legal areas: If a contractor vanishes halfway through your kitchen remodel, that's contract law territory—you're enforcing a broken promise. But if that contractor's sledgehammer slips and crushes your foot? Now you're dealing with a tort. No written agreement is necessary; the contractor's carelessness alone creates liability.

Courts focus on restoration, not retribution. A successful tort plaintiff walks away with a check, not the satisfaction of watching the defendant hauled off in handcuffs. When someone rear-ends you at a stoplight, they'll face a damage award calculated to cover your medical bills and lost income. They won't serve time—unless the incident was severe enough to trigger separate criminal charges like vehicular assault.

This system accomplishes three goals simultaneously. It compensates people who've been hurt. It discourages dangerous behavior...