What is a tort?
A tort is a civil wrong: a breach of a duty one person owes another that causes harm, which can let the injured person sue for money. Most personal injury cases are tort cases. A careless driver, a store that leaves a spill on the floor and a dog owner whose dog bites are common examples.
Last checked November 9, 2026 · Official sources (4)
What are examples of a tort? Three everyday cases
| What happened | The tort | What the injured person can ask for |
|---|---|---|
| A driver runs a red light and breaks your wrist | Negligence: careless driving | Medical bills, lost pay, pain |
| A bar bouncer punches you in the face | Battery: an intentional harmful touching | The same losses, and sometimes punitive damages |
| A new pressure cooker explodes | Product liability | Burn treatment, scarring, lost work |
EXAMPLE ONLY. Say the red-light crash leaves you with $8,000 in medical bills and $2,000 in lost pay. In a tort claim, those $10,000 are the starting point. Pain and limits on daily life can be added on top. Damages may be compensatory, for loss or injury, or punitive, to punish.
Why does it matter that your injury is a tort?
Calling something a tort is what turns being hurt into a claim someone has to pay. It tells you three things: who you can go after (the person or business that breached a duty), what you can ask for (money for your losses), and what you will have to show (that their wrong caused your harm).
Most of the time you will not deal with the person at all. Their liability insurer handles the tort claim and pays any settlement up to the policy limits. If the person has no insurance, the tort still exists, but collecting the money can be much harder.
Tort vs. crime: what is the difference?
A crime is a wrong against the public, and the government prosecutes it. A tort is a wrong against you, and you bring the case. One act can be both. A drunk driver who hits you can face criminal charges and a separate injury lawsuit, and crime victims may also sue in tort.
The bar is lower in a tort case. Most civil claims need proof by a preponderance of the evidence, described as 50 percent plus, so a driver found not guilty in criminal court can still be held responsible in a civil case.
Questions
Is a car accident a tort?
A crash caused by careless driving is usually the tort of negligence, which is why the at-fault driver's insurer pays the claim.
What are the main types of torts?
Lawyers usually sort them into negligence (carelessness), intentional torts like assault and battery, and strict liability, which applies to some products and animals without proof of carelessness.
Can I sue in tort if the person was charged with a crime?
Yes. Victims of crimes may also sue in tort for the wrongs done to them.
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See if I’m owed moneySources (4)
- U.S. Courts, Glossary of Legal Terms, checked 2026-11-09. “A civil wrong or breach of a duty to another person. The “victim” of a tort may be entitled to sue for the harm suffered.”
- U.S. Courts, Glossary of Legal Terms, checked 2026-11-09. “Victims of crimes may also sue in tort for the wrongs done to them.”
- U.S. Courts, Glossary of Legal Terms, checked 2026-11-09. “Money that a defendant pays a plaintiff in a civil case if the plaintiff has won. Damages may be compensatory (for loss or injury) or punitive (to punish and deter future misconduct).”
- U.S. Courts, Glossary of Legal Terms, checked 2026-11-09. “Most civil causes of action require proof "by a preponderance of the evidence" (50 percent plus), but in some the standard is higher and requires "clear and convincing" proof.”