Criminal law focuses on punishing offenders, not compensating victims. Tort law compensates victims of wrongful acts, but crime victims rarely sue offenders due to practical barriers.
A tort is an act or omission that causes harm and creates a civil wrong for which courts impose liability.
Torts
The main difference between a tort and a crime is the effect it has on the parties involved. Because a tort is a private infringement on someone’s civil rights, it’s classified as a civil offense. There are different types of torts, but they are all caused by negligence.
A tort is against the law because:
- it can cause bodily or psychological harm to an individual that could ultimately impair their lifestyle; and
- it goes against the civil rights of an individual.
Someone can unintentionally or intentionally cause a tort. An unintentional tort would be if someone is accidentally injured on another person’s property, like a slip and fall or an animal bite. An intentional tort would be if a company sent a faulty product into the world knowing it could hurt someone.
Regardless of intention, any person injured as a result of a tort has the right to seek legal action against the offending party. For the best chance at winning the case, help from an attorney with experience in tort cases is strongly advised.
Crimes
Crimes are offenses dealt with in a criminal court of law. Rather than the injured party being a single person, the injured party is the entirety of society. The punishments can be more severe than the punishments of a tort.
A crime is against the law because:
- it goes against existing societal laws;
- it affects the standard of living for law-abiding citizens; and
- it is a deliberate act that goes against the law and basic rights of humanity.
A tort can become a crime (or vice versa) if the action is severe enough. For example, if a burglar enters a home to steal items and ends up injuring the occupant in the process, the act is a crime that can also be prosecuted as a tort.
Reach Out to the Law Office of Pamela C. Bratcher Today
If you have been the victim of a tort or a crime, our law firm can help you. We can offer you proven representation in your legal case and will do everything we can to get you the results you seek.
Call our firm today at (270) 783-8311 or contact us online for a free consultation.