Tort Law 101: What it Means for Personal Injury

If you’ve been injured because of someone else’s actions in Nevada, you may have a lot to learn about torts and tort law. Put simply; torts are personal injuries caused by some kind of civil wrongdoing. They can be both intentional or unintentional and can involve an array of circumstances, including car crashes, slip-and-fall accidents, assaults or defective or dangerous products. Tort law provides the framework for people to work with injury lawyers in Las Vegas to seek compensation for the harms done to them by others.

There are several different theories by which people can bring personal injury claims. Tort law is not a form of criminal law; instead, people can work with a personal injury attorney in Las Vegas to seek a civil resolution. You can even pursue accountability under tort law when a criminal prosecution is also taking place.

Of course, even the best personal injury lawyer Las Vegas may not be able to make a valid tort claim for a genuine accident. However, bad behavior does not need to be intentional for those responsible for being held accountable for harming others. In all cases, people must file their claims before the statute of limitations, which generally runs for two years in Nevada personal injury cases.

What Are Intentional Torts?

Intentional torts are harmful actions done deliberately to cause harm to others. Unlike unintentional torts or claims based on negligence, people who commit intentional torts know that their actions will harm others or destroy their property. In many cases, intentional torts are also violations of criminal law as well. Some intentional torts include:

Assault – Assault does not need to involve physical contact, but it does need to involve a threat of harm or the attempt to cause damage by the perpetrator.

Battery – Battery doesn’t need to involve a threat, but the perpetrator does need to strike and harm the victim to be held accountable for assault.

What Are Unintentional Torts?

Unintentional torts are otherwise known as negligence torts. These torts occur when someone fails to uphold a duty of care that they owe to others: for example, safely driving their car or caring for their property to make it safe for customers. To prove that a defendant was negligent, a person can work with a personal injury attorney in Las Vegas to show a few things.

First, the defendant must owe the victim a duty of care, the duty to avoid the types of actions that could cause others. Drivers have a responsibility to operate their vehicles safely, for example.

Second, the victim must also show that the defendant failed to meet the proper standard of care for their situation. Doctors, for example, are expected to provide a higher standard of care than an everyday person on the street. Children are expected to have a much lower standard of care.

Third, victims must also show that the defendant’s actions or inaction caused their injuries. Sometimes called the “but for” rule, this means that the person would not have been injured “but for” the defendant’s negligent behavior.


For you to obtain compensation after being injured, you must be able to prove these things. Some specific types of liability apply in other circumstances. Property owners have duties to make their property safe for others. The manufacturers of defective products can be held accountable for all of the harms caused by their dangerous items. Doctors’ responsibility for causing harm is assessed under the standards of medical malpractice.

In many cases, the defendant will try to argue that they did not have a duty of care, that their actions were reasonable or that they were not the cause of your injury. This is one reason it is crucial to turn to the best personal injury lawyer Las Vegas to make your claim and present the evidence that makes clear that the other party is truly responsible.


What If the Injured Person is Partially Responsible?

In Nevada, plaintiffs can receive compensation to the extent that they are not responsible for their injuries. The party at fault will be held liable for the damage. Under the doctrine of comparative fault, injured parties may have their compensation reduced by the percentage that they were at fault for the accident. This is frequently seen in auto-accident cases, even when one party bears overwhelming responsibility for a crash. If the injured person is considered more than 50 percent responsible, he or she may not be able to receive compensation at all.

If you’ve been injured in a Nevada accident caused by someone else, you have rights. The experienced injury lawyers in Las Vegas at The Schnitzer Law Firm can help you fight for the compensation that you deserve. Call our office today or use our easy online form to set up an appointment for an initial consultation with our skilled attorneys.