A tort is a violation of a duty which proximately causes harm. The victim of a tort is the person who was harmed (the plaintiff). Torts happen on purpose or by negligence. Negligence is just another word for carelessness. It is an absence of ordinary care. It is the standard by which a reasonably prudent person conducts himself under the circumstances. A person cannot be negligent on purpose. If something is done or not done on purpose, then it is intentional. Intentional torts warrant punitive damages to deter the defendant from repeating the wrongful conduct.
Torts are more about the effects of the defendant's conduct on the plaintiff than anything else.
When a defendant does wrong, he should compensate for the harm he has caused. On the other hand, if the defendant has not done anything wrong or if he has done wrong, but that wrong caused no harm, he shouldn't have to pay anything; but both the plaintiff and the defendant deserve a fair day in court on a level playing field, sooner rather than later.
 Don't sign away your rights when an insurance company comes running to your "rescue" with a quick check. Chances are that the quick check is for an amount far less than you deserve. Mr. Sowerby is aggressive with insurance companies, knows their tactics and will fight to obtain the just and fair compensation to which you are rightly entitled.
Pain, suffering, hospital bills, doctor bills, radiology bills, pharmacy prescriptions, physical therapy, mileage, lost wages, diminished capacity to work, mental anguish, loss of the services and affection of a spouse, costs of future health care, the value of the life of the decedent, the cost of repair or the fair market value of the wrecked vehicle (whichever is less), loss of use of the vehicle, a rental car - - - these are all elements of damages for which compensation is due.
Don't be just another file number without ever getting to meet or talk to the lawyer directly. Call us today and speak directly with Mr. Sowerby, not layer after layer of law firm bureaucracy.
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Torts |