In California civil litigation, a tort is a civil wrong that results in harm or injury to another person or their property, for which the injured party can seek compensation through a lawsuit. Torts can arise from intentional acts, such as assault or defamation, or from negligent actions, like car accidents or medical malpractice. The primary goal in a tort case is to make the injured party “whole” by awarding damages to compensate for their losses, which may include medical bills, lost wages, pain and suffering, and emotional distress. In California, tort law is designed to address a broad range of civil wrongs and provide a legal remedy for those who have been wronged.
California follows a comparative fault system in tort cases, meaning that the degree of responsibility for the injury is assessed and damages are awarded accordingly. If the plaintiff is partially at fault for the incident, their compensation may be reduced in proportion to their level of fault. Additionally, California recognizes both compensatory and punitive damages in tort cases. Compensatory damages aim to make up for the actual harm caused, while punitive damages are intended to punish particularly egregious conduct and deter similar behavior in the future. Torts can be complex, involving various legal theories and defenses, and often require detailed evidence to establish liability and the extent of the harm.
