What is the Difference Between a Tort and a Personal Injury?

A common misconception is that a tort and a personal injury are the exact same thing. While they have similarities, they do not legally have the same meaning.

Hipskind & McAninch, LLC has a legal team experienced in tort law and personal injury and has provided this outline explaining the difference between a tort and a personal injury. If you need a skilled attorney to manage your legal matter, one of our personal injury attorneys is available to assist you.

Definition of a tort law and personal injury

Tort law is the set of laws providing remedies for individuals who have been harmed by unreasonable and wrongful acts of another person.

Personal injury is defined as the injury to someone’s body, reputation, or emotions rather than personal property.

Legal differences between a tort and personal injury lawsuit

While a tort and personal injury have similarities, the cause creates the legal difference. However, every personal injury is a type of tort. In a personal injury lawsuit your attorney will prove that another person caused your injury. Their action may have been intentional or due to negligence.

A tort, on the other hand, specifically describes the wrongful act that led to an injury.

Hipskind & McAninch, LLC’s key legal services and specialties and examples of common torts and personal injury lawsuits

Legal elements required for a personal injury claim include:

  • Duty. This refers to a level of care a reasonable person would have applied to a similar situation.
  • Breach of Duty. After establishing and proving duty, your attorney will show this duty was breached.
  • Causation. Your attorney will show that the action or inaction of the defendant caused your injuries.
  • Damages. Damages or actual injury must be shown to prove negligence on the part of the defendant.

Hipskind & McAninch, LLC’s experience and success in handling tort and personal injury cases has helped their clients recover compensation for their damages over 99% of the time. Learn more about Hipskind & McAninch, LLC’s personal injury services on their personal injury page.

Frequently Asked Questions about Intentional Torts

What constitutes a tort?

A tort can be divided into three separate categories as follows:

  • Intentional Torts. This occurs when someone’s deliberate actions harm another person.
  • Negligent Torts. All personal injury claims are a negligent tort, meaning harm was caused by another person’s carelessness.
  • Strict Liability Torts. These torts are not common and assign liability to someone even if they acted responsibly to prevent an accident from occurring.

What is an example of a tort injury?

Examples of intentional torts could be:

  • Trespassing
  • The intentional infliction of emotional distress
  • Assault and battery 
  • False imprisonment

Not all torts are intentional. Examples of negligent torts could include:

  • Car accident
  • Slip and fall accidents
  • Workplace accidents
  • Medical malpractice
  • Mass tort claims
  • Any personal injuries

Examples of strict liability torts could be:

  • Dog bites
  • Product liability 
  • Abnormally dangerous activity 

This list is not all-inclusive but provides a limited sampling of how torts are classified.

Is a tort claim the same as a lawsuit?

Photo of an Injured Woman

A tort claim and a lawsuit are the same thing. Fort claims are when you sue another person for causing you harm.

Is a tort a physical injury?

Not necessarily. All personal injury claims are for physical injury. A tort, however, is any harm that has been committed against someone. A tort can cause a violation of someone’s personal rights or cause them emotional distress.

Highlight their experience in personal injury cases and their ability to handle tort claims effectively

Hipskind & McAninch, LLC is dedicated to defending the rights of victims who have suffered injury. With over a decade of experience handling tort claims, we pride ourselves on a 99% success rate with the cases we have handled. Explore the knowledge and experience of Hipskind & McAninch, LLC in handling tort claims on their website.

A personal injury lawyer with Hipskind & McAninch, LLC explains “what is the difference between a tort and a personal injury?”

If you have been injured by another person, we do not want you to worry whether you have a tort claim or personal injury claim. Our job is to help you fight for fair compensation for the damages you suffered. Whether the liable party acted recklessly or negligently or if they tried to prevent the accident but were unsuccessful and you were harmed, you may be owed compensation for your damages. 

A personal injury attorney with Hipskind & McAninch, LLC will review your case, help you gather evidence and understand how personal injury law may impact your civil court case, ensure you receive proper medical care, and file a tort or personal injury claim on your behalf. We want to help protect your legal rights and recover fair compensation. Use our secure online contact form to discuss the details of your case with a lawyer at our firm.  


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