But if an injured individual decides to sue for compensation purposes, then the case is brought to a civil court as opposed to criminal court and the criminal case becomes a tort. Some of the best examples of torts can be seen within all aspects of personal injury law, including car accidents , medical malpractice , product liability , workplace accidents, and essentially all of our many practice areas. One example of a tort being involved with criminal activity is when a drunk driver causes bodily harm and property damage to another individual involved in an accident.
In this situation, the crime is the drinking and driving and the tort is the injury sustained by the victim. In many personal injury situations, an injured party is technically classified as the society, and the criminal laws broken were ultimately set up to protect members of society. Crimes are always punishable acts that go against the laws that are established to keep peace and the protection of all people.
The three main differences include the following:. A tort is something that is classified as a wrongdoing against an individual, while a crime is classified as an illegal act that affects the entire social order our communities live within. Torts can be unintentional, and many times they involve accidents caused by negligence.
A crime is an intentional, planned wrongdoing that affects society. A crime is a wrongful act that the state or federal government has identified as a crime. The victim is the person who has been hurt or the state of Georgia or other governmental entity. A fine is paid to the government and there is possible restitution to the victim.
Actual damages cover the injury or harm suffered. Actual damages include special or compensatory damages and general damages for pain and suffering. Special or compensatory damages repay the injured party for economic loss, including repayment for lost wages and medical bills. These damages must be proven at trial with evidence of certain factors such as days missed at work, earnings per day, amount of medical bills incurred, cost of prescriptions, and amount of damage to property.
General damages are damages presumed to have been sustained in an accident. Punitive damages are the other type of damages. They are awarded in order to punish the defendant and deter others from causing harm in similar ways. These damages are assessed when wrongdoing is aggravated by violence, oppression, malice, fraud, or "wanton or wicked" conduct by the defendant. Magistrate Court Forms. L aw H elp. Hide Visit. Text size: A A A. Georgia Helping low-income individuals solve legal problems Coronavirus Information!
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