You know it’s illegal in Texas to assault people. If you were to hit, kick, or punch someone, they can call 911, you can be arrested and charged with assault under the Texas Penal Code. Or, if someone does any of those things to you, they can face the same criminal charges, not to mention fines, incarceration, and a criminal record.
In the world of personal injury, a tort is when someone’s negligent or careless act injures or harms another person. Under tort law, if a negligent party accidentally injures another, they can be legally liable for the victim’s damages, such as medical bills, pain and suffering, and lost income, etc. But what if it wasn’t an accident? What if someone intentionally harms an innocent party, can the wrongdoer face criminal charges and a personal injury lawsuit?
Torts Are Distinguishable from Crimes
Torts are distinct from crimes. When someone commits a crime, they violate a state or federal law. While the main purpose behind criminal liability is to enforce justice, the purpose of tort law is to compensate victims rather than punish at-fault parties; it’s also meant to provide a way for people to address mistakes made by others which cause harm.
Examples of torts include negligence, product liability, intentionally inflicting emotional distress, invasion of privacy, etc. However, certain acts can be associated with tort and criminal law. Some actions can lead to a personal injury lawsuit andcriminal charges, such as aggravated assault. In such a case, tort law (in the form of a personal injury claim) can provide the victim with monetary relief, while criminal law can punish and rehabilitate the defendant who assaulted the plaintiff (victim).
Examples of torts that can involve a personal injury lawsuit and criminal charges:
- Sexual assaults
- Pedestrian accidents (involving gross negligence)
- Bicycle accidents (involving gross negligence)
- Drunk driving accidents
If someone who hurt you is facing criminal charges, that doesn’t bar you from seeking monetary relief through tort law. To explore filing a personal injury claim against the wrongdoer or another legally liable party, contact Zendeh Del Law Firm, PLLC.