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WHAT IS A "TORT"
Generally speaking, a "tort" is an injury one person or entity inflicts (accidentally or intentionally) upon another. When one person commits a tort upon another, the injured person is entitled to remedies under the law. Generally, these remedies can include monetary compensation and restraining orders. The person who brings the lawsuit is called the "plaintiff," and the person who is sued is called the "defendant." The area of tort law is often referred to as "personal injury" law (although this is not altogether a completely accurate term). Most torts involve, in some part, the doctrine of "negligence." The concept of negligence can generally be describes as (i) the failure of one person to act in way we would expect that person to do under the circumstances and (ii) an injury which results from that failure.
TYPES OF DAMAGES
In most tort cases, the plaintiff is seeking damages (i.e. money). Generally speaking, there are two major categories of damages a plaintiff can recover in a personal injury case: (i) compensatory damages and (ii) punitive damages. See also, web page dedicated to damages: Damages Law Materials.
"Compensatory damages" are designed to "compensate" the plaintiff for what the plaintiff has lost or endured (e.g. medical bills, lost wages, lost income, physical pain and suffering and mental/emotional pain and suffering) as the result of the defendant's actions.
"Punitive damages" are designed to punish the defendant for his actions. However, punitive damages are only awarded in extraordinary situations where the plaintiff proved that the defendant acted with malice or intent - negligence is not enough. The law permits punitive damages in order to discourage similar acts in the future by the same defendant or other persons. Punitive damages are usually awarded in cases involving fraud, bad faith or intentional acts. However, in order to get any punitive damages in Ohio, the plaintiff must be awarded at least some compensatory damages.
Some tort cases also seek what the law calls "injunctive relief." Injunctive relief involves a court order requiring or preventing the defendant from doing or continuing to do a certain act. This type of relief includes such things as temporary restraining orders and permanent injunctions. A plaintiff can request both injunctive relief as well as monetary damages in the same lawsuit.
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