Tort law and personal injury law are closely related, but they are not the same thing. Many people in Indianapolis use these terms as if they mean one concept, yet each refers to a different part of the legal system. Understanding the difference can help you see how injury cases fit into the broader framework of civil law and why some claims fall under the category of personal injury while others do not.
What Tort Law Means
“Tort law” is the broad area of civil law that deals with wrongful acts that cause harm. A tort happens when someone’s actions, or failure to act, injure another person, damage property, or cause financial loss. Tort law covers many types of harm, not just physical injuries.
Tort law includes three main categories:
- Negligent torts: When someone fails to act with reasonable care and causes harm.
- Intentional torts: When someone intentionally harms another person, such as assault or false imprisonment.
- Strict liability torts: When a person or business is responsible for harm even without intent or negligence, such as in certain product liability cases.
Tort law establishes the rules governing when someone can be held legally responsible and the types of damages that may be recovered.
What Personal Injury Law Covers
Personal injury law is a subcategory of tort law. It focuses on cases where someone is physically or emotionally injured because of another person’s careless, reckless, or intentional actions.
Examples of personal injury cases include:
- Car accidents
- Truck accidents
- Motorcycle crashes
- Medical malpractice
- Premises liability
- Dog bites
- Defective product injuries
While tort law includes many kinds of harm, personal injury claims are specifically about injuries to a person’s body or mind.
How Tort Law and Personal Injury Law Work Together
Personal injury cases use the legal rules created by tort law. Tort law sets the framework, while personal injury law applies that framework to cases involving physical or emotional harm.
For example, tort law defines negligence as failing to use reasonable care. Personal injury law uses that definition to handle cases like car accidents or slip and fall injuries.
Indiana also uses a modified comparative fault system, meaning an injured person can recover damages only if they are less than 51 percent at fault for the accident.
Indiana also has a two-year statute of limitations for personal injury cases. Filing after this deadline will almost always bar claims, absent a rare exception.
Damages in Tort and Personal Injury Cases
Both tort law and personal injury law allow injured people to recover damages.
These may include:
- Medical expenses
- Lost wages
- Property damage
- Pain and suffering
- Costs related to long-term injuries
Indiana law provides more detail on recoverable damages. Strict liability and intentional torts may also involve different types of damages, depending on the facts of the case.
Tort Law Covers More Than Personal Injury
One key difference is that tort law covers many claims that are not personal injury cases.
Examples include:
- Defamation (harm to reputation)
- Invasion of privacy
- Business torts, such as interference with contracts
- Economic loss resulting from wrongful acts
- Property damage disputes
These claims involve harm, but not necessarily physical injuries. They still fall under tort law because someone caused damage that the law recognizes and compensates.
Why the Difference Matters
Understanding the difference between tort law and personal injury law helps clarify how civil claims work. If someone harms your reputation, damages your business, or interferes with your property, the case may fall under tort law but not personal injury law.
Knowing which category your claim fits into can affect:
- Filing deadlines
- What damages you can seek
- What legal standards apply
- What evidence is needed
If you are hurt in a crash or another accident, that is both a tort and a personal injury case.
Contact the Indianapolis Personal Injury Attorneys at Wilson Kehoe Winingham Injury Lawyers for Help Today
Tort law is the broad system that governs wrongful acts and civil liability. Personal injury law is one part of that system, focusing on cases involving physical or emotional harm. Both areas work together to help injured people seek compensation and hold responsible parties accountable.
If you’ve been injured or are facing a complex legal matter, reach out to Wilson Kehoe Winingham Injury Lawyers to schedule a consultation. Our team serves clients across Indianapolis and throughout Indiana, and we’re ready to pursue the justice and full compensation you deserve.