Tort
A "tort" is a legal term that encompasses various intentional or accidental civil wrongs against a person or property for which the injured person may sue the wrongdoer for damages. For example, if someone carelessly strikes you with his/her car, the tort of "negligence" has been committed. Negligence is an unintentional tort.
There are also a variety of intentional torts (assault, battery, false imprisonment, invasion of privacy, defamation, intentional infliction of emotional distress) for which recovery may be sought.
In Pennsylvania, employers can be held vicariously liable (legally responsible) for the acts of their employees committed within the course of their employment.
The term "tort" is often heard by individuals involved in car accidents. The first question a lawyer may ask is, "Did you have elect full tort or limited tort under your automobile insurance policy?"
In PA, you can elect either full tort or limited tort coverage under you automobile insurance policy. Failure to make a selection results in full tort coverage. Limited tort is less expense and since many individuals purchasing automobile insurance aren’t aware of differences, they tend to elect the cheaper option. In general, limited tort prevents you from being able to sue for non-economic damages, such as pain and suffering. You are limited to recovering economic damages only. Full tort allows you to sue for pain and suffering.
There are several exceptions to the application of the "limited tort" status; however this area of the law is confusing and constantly evolving. Our office has a great deal of experience dealing with both full tort and limited tort matters. Regardless of your tort election, if you or your family member has been involved in an automobile accident, contact us today for your free consultation.