If you’ve been injured in an accident, you’ve probably heard both “tort law” and “personal injury law” used interchangeably. While related, they’re not the same thing.
The difference between tort law and personal injury law is that tort law is the broader legal category, while personal injury is a specific type of tort. Understanding the differences can help you make informed decisions when filing a claim or hiring an attorney.
Tort law governs a wide range of civil wrongs that cause harm or loss to individuals. Personal injury law generally focuses specifically on physical, mental, or emotional injuries resulting from another party’s negligence or misconduct.
What Is Tort Law?
Tort law is a branch of civil law that allows injured parties to seek compensation when they’ve been harmed due to someone else’s actions. Unlike criminal law, which is focused on punishment, tort law is about restoring losses and holding people accountable for wrongful conduct.
There are three main categories of torts:
- Negligent torts involve harm caused by someone failing to use reasonable care. Examples include car accidents, slip-and-falls, and medical malpractice.
- Intentional torts involve deliberate actions meant to cause harm, such as assault, battery, or defamation.
- Strict liability torts apply even if the defendant didn’t act negligently or intentionally. They are common in product liability cases, where strict liability typically holds manufacturers or sellers responsible for defective products.
Tort law encompasses many types of cases, from dog bites to toxic exposure. Personal injury is just one piece of the puzzle.
Most personal injury cases fall under the category of negligence, and common examples include:
- Car and truck accidents
- Motorcycle crashes
- Pedestrian injuries
- Premises liability (slip and fall)
- Dog bites
- Defective products
- Medical malpractice
Many cases can result from negligence, so it is best to speak to a professional.
What Is Personal Injury Law?
Personal injury law is a type of tort that deals exclusively with injuries to a person’s body, mind, or emotions. It allows victims to pursue compensation for medical expenses, lost income, pain and suffering, and more.
To win a personal injury tort case, you usually need to prove four elements:
- Duty: The defendant owed you a legal duty of care.
- Breach: They breached that duty through an act or omission.
- Causation: The breach caused your injury.
- Damages: You suffered actual harm as a result.
You generally must prove all four elements to win.
Most Common Type of Tort
Automobile torts (e.g., car or truck accidents) are one of the most common torts filed in the U.S. These cases typically involve allegations of negligence—like speeding, distracted driving, or failing to yield—that lead to physical injuries and property damage.
In Alaska, automobile torts fall under state civil law and are subject to a two-year statute of limitations. This means injured parties must file their lawsuit within two years of the accident date or risk losing their right to compensation.
How Torts and Personal Injury Claims Work Together
All personal injury claims are torts, but not all torts involve personal injury. For example, a lawsuit over damage to property or defamation would usually fall under tort law, but not personal injury law.
Here’s how they generally overlap:
- A personal injury case is a subset of tort law.
- Both involve civil lawsuits filed by injured parties, not criminal charges.
- Both can result in monetary compensation for harm done.
- Many personal injury claims involve automobile torts, where the harm stems from car crashes or related negligence.
When you consult a personal injury lawyer in Alaska, they’ll apply tort law principles to build your case. Understanding this legal framework helps you better evaluate your rights and legal options.
Call Our Anchorage Personal Injury Lawyers at Farnsworth & Vance Personal Injury Lawyers for a Free Consultation
If you’ve been hurt in an accident caused by someone else’s negligence, an Anchorage personal injury lawyer can help you determine whether you have a valid tort claim. Call Farnsworth & Vance Personal Injury Lawyers to schedule a free consultation.
Even minor injuries can lead to significant financial and legal consequences. An experienced attorney can explain the difference between tort law and personal injury law in plain terms and fight for the compensation you deserve.
For more information, please contact Farnsworth & Vance Personal Injury Lawyers to schedule a free consultation. We have two locations in Alaska, including Anchorage and Eagle River.
Farnsworth & Vance Personal Injury Lawyers – Anchorage
2525 Gambell St #410,
Anchorage, AK 99503
(907) 999-999
Farnsworth & Vance Personal Injury Lawyers – Eagle River
13135 Old Glenn Hwy, Suite 101
Eagle River, AK 99577
(907) 802-4097
