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What is Tort Debt?

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    Function

    • The tort system is designed to impose legal duties on individuals in their behavior and interactions with other citizens. There are two types of torts: intentional and negligent torts. Intentional torts are things that a defendant does on purpose that cause legally actionable harm. For example, assault is an intentional tort. If someone assaults you, you may file a civil suit against him and recover damages. Negligence torts occur when someone breaches the legally imposed duty of reasonable care. If, for example, someone is not paying attention and hits you with his car, you could sue him for negligence to recover damages.

    Types

    • Several different types of tort damages can be assessed and lead to tort debt. Most commonly, damages include actual economic damages incurred by the victim. For example, if a tort victim has medical bills or lost wages from missed work due to an injury you cause, you will have to reimburse him. Pain and suffering, emotional distress, wrongful death (if you kill the person), loss of companionship damages to the victim's relatives, and punitive damages can all be assessed as well.

    How You Acquire Tort Debt

    • When a person sues you for either a negligent or intentional tort, you can become legally responsible to pay any damages he is entitled to in one of two ways. First, you may settle with the plaintiff. This means you don't want to risk having to go to trial, so you agree to pay a certain amount and the plaintiff agrees to accept that amount and sign away his rights to sue. This is called a tort settlement, and you will have to pay the tort debt according to the terms of the settlement contract. Alternatively, if you go to trial and lose the case, the jury will decide how much you have to pay in tort debt.

    Warnings

    • Tort debt is enforced by the court.; if you owe someone money after a judgment and you can't pay, the court will take steps to make you pay. This might include seizing and selling assets or placing a lien on your home or other property. This might also include garnishing your wages--the court can take a certain amount of money from your paycheck directly from your employer before you ever see the cash. The court can continue to collect money from you until your tort debt is paid in full.

    Avoiding Tort Debt

    • Avoiding tort debt is important, as it can sometimes be in the millions of dollars. Ideally, you should avoid behaving--negligently or intentionally--in a harmful manner to avoid getting sued. Unfortunately, it is not always possible to protect yourself from being sued, so the best way to protect yourself is to be adequately insured. Purchase house and car insurance to cover you from damages that you may cause to someone else while driving your car or while you have guests in your home. Businesses may also want to consider a general liability insurance policy which protects them from various types of lawsuits.

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