Negligence, intentional torts, and strict liability are all forms of tortious conduct for which the law recognizes grounds for a civil lawsuit. The word "tort" comes from the Latin word "tortus," which means twisted or wrong. "Tort" has come to mean a private or civil wrong for which the court will provide a remedy in the form of an action for damages (Black's Law Dictionary 1489). Thus, while some torts may also be crimes (defined as offenses against the State or United States (Black's Law Dictionary 370), examples of which would be battery and trespass, among others), tort law is concerned only with giving relief for the damages incurred by the injured party (Legal Information Institute n.p.). These damages include the power to enjoin the tortious conduct or the power to seek monetary damages (Legal Information Institute n.p.)
Damages in civil actions are usually apportioned between compensatory damages and punitive damages. As the United States Supreme Court stated in State Farm Mutual Insurance Company v. Campbell, compensatory damages are "intended to redress a plaintiff's concrete loss" (123 S.Ct. 1513 (2003)), thus they are computed based on factors such as lost earnings or lost earning capacity, pain and suffering, and present and future reasonable medical expenses (Legal Information Institute n.p.). In some cases, however, jurors may award punitive damages. These damages are intended to punish the tortfeasor based on the degree to which he breached his standard of care. The Supreme Court has issued guidelines for consideration of punitive damages to include (1) the degree of reprehensibility of the defendant's misconduct, (2) the disparity between the actual or potential harm suffered by the plaintiff and the punitive damages award, and (3) the difference between the punitive damages awarded by the jury and the civil penalties authorized or imposed in comparable cases (Campbell, 123 S.Ct. 1513).
Negligence is the failur...