What is the meanings of TORT CLAIM?

Answer 1

Tort Claims is a Federal Act (FTCA, August 2, 1946, ch. 753, title IV, 60 Stat. 842, 28 U.S.C.2680), is a statute enacted by the United States Congress in 1946 permitting private parties to sue the United States in a federal court for most torts committed by persons acting on behalf of the United States.

Answer 2

A tort is a civil, as opposed to criminal, injury.

If you have been injured, you file a tort action. You claim damages.

Because of the governmental immunity [sovereign immunity] doctrine, many governmental entities have provided legislation that allows certain specific types of claims against the government to go to court. But, if there is no permission to do so, you cannot go forward with your claim.

A typical legal action allowed by the government is a tort claims act for, as an example, auto accidents with a government vehicle.

Answer 3

A "claim" is a demand for a certain amount of money. A "tort claim" is a claim for damages (death, personal injury, or property damage) incurred in a civil wrong. That just means that the person or entity that caused the damage did not necessarily break any law. There are four elements that you have to prove in a tort claim: (1) DUTY -- The person or entity you're filing the claim against was required to do something or refrain from doing something. (2) BREACH -- The person or entity failed to do what they were supposed to do or failed to refrain from doing what they were not supposed to do. (3) PROXIMATE CAUSE -- Simply put, the #1 reason for the damage done to the claimant. (4) DAMAGES -- The claimant must show that he or she was "harmed" and must demand a certain amount of money.

Here's an example: Your 6-year-old son gets very sick, and you learn it's from chemicals in your water. You investigate more, and you find that ABC Chemical Plant has been dumping these chemicals into your local river and they're getting into your water supply. Even if there is no law prohibiting ABC Chemical Plant from dumping these chemicals into your local river, you can file a tort claim based on (a) ABC's duty to refrain from releasing harmful chemicals into the environment, (b) their failure to do so, (c) the doctor's report that your child's illness is the direct result of ingesting these chemicals, and (d) your child's medical bills, hospital bills, and additional money for any long-term or permanent damage done to your child.

Answer 4

Sarge 927 gave you an excellent answer. Simply put, a tort means that somebody did something wrong to hurt or harm you. Because this somebody harmed you, you can go to court to seek damages for the hurt you received. This means that you have to be able to prove, with a preponderance of the evidence (more than 51%) that the defendant did something causing damages to you. You have to prove what those damages were and how the defendant caused them. You have the burden of proof. Most typically, a traffic accident where the defendant may have been cited by the police for breaking a traffic law and as a direct result, he crashes into your car causing damage to your vehicle. The police take care of the criminal case, fining him for his traffic citation. You have to take care of the civil case, suing him for your damages suffered as a result of his negligent driving. That example is complicated by insurance companies that generally fight the damage battle for you but you get the idea.