Say someone punched you in the nose. This may be a crime and punishable in court under criminal law. The state would prosecute the assailant on behalf of society, but not on behalf of you, the victim. Therefore, any fine charged against the offender as a sentence by the court would not go to the victim but to the government.

Now, given that you have to endure a broken nose for a few weeks, what options are available to victims?

To be sued or to sue someone is called a civil action. The two most common types of civil claims are tort claims and contract claims. Tort law refers to laws that allow an injured person to obtain compensation from the person who caused the injury. Tort is most frequently alleged in motor vehicle accidents, and in personal injury and medical malpractice suits.

That punch in the nose could result in an action under tort law.

Under tort law, the victim could sue the person causing the injury, and the suit could ask the court to order that person to compensate the victim, asking for an amount, which, approximates the worth of the pain and inconvenience of a broken nose. Any compensation the court would order that person to pay would then go to the victim.

Tort law is a deterrent by holding people responsible for their actions and educating them about what conduct is unacceptable. All citizens are expected to conduct themselves in such a way that they do not injure others.

When they do cause injury to others, either intentionally or by negligence, they can be required by a court to pay money to the injured party so that, ultimately, they must compensate for any loss or pain caused by their action. The money paid to an injured person is called damages.

Negligence is a word most people associate with lawsuits. Negligence is classified as an “unintentional tort” since the defendant did not consider the potentially harmful consequences of his or her behaviour.

However, the defendant will not usually be successful in defending a civil suit by merely claiming he or she did not mean to cause the injury. Negligence is a form of carelessness or disregard for the potential harm one’s actions could cause others.

Three things must exist to establish negligence in a court case. First, a duty of care must exist between the parties. Second, it must be proven that the conduct of the defendant fell short of that duty of care. Third, it must be proven the defendant’s negligence resulted in damage or harm.

Tort comes from the Latin word tortus, which means “wrong.” Compensation is an important part of tort law as it is the only practical way of restoring injured persons to a position similar to the one they enjoyed before the injury.

This article is part of the Government of Alberta’s commitment to help inform Albertans about the justice system. For further information visit http://www.gov.ab.ca/, or contact us for more information by phone (780) 427-8530 (dial 310-0000 toll free anywhere in Alberta), or by e-mail at PLE.Coordinator@gov.ab.ca.