Tort law is one of the broadest categories of civil law, covering everything from auto accidents to product liability lawsuits. Tort lawyers fight on behalf of injured plaintiffs to help them get the compensation they deserve. Although many tort claims are resolved through settlement or pre-trial, torts lawyers can also litigate these claims in court, before a judge and jury.
But where do tort lawyers get their start? If you’d like to be a tort lawyer, what courses should you take, and what law school internship opportunities should you pursue?
Below, learn more about what’s involved in being a tort lawyer and the paths future attorneys can take to get there.
What is Tort Law?
A tort is a breach of duty that causes another person injury. There are three main categories of torts:
- Intentional torts. These torts involve someone intentionally committing an act that injures another person. Some examples include assault, battery, and the intentional infliction of emotional distress.
- Negligent torts. These torts don’t involve active, intentional harm; instead, they refer to harm that results from negligence. Some examples include most auto accidents and slip-and-fall injuries.
- Strict liability torts. These claims don’t require the plaintiff to prove active malfeasance or negligence on the defendant’s part—instead, the defendant may be held “strictly liable” for any damages resulting from their actions. The most common type of strict liability torts are product liability laws, when a manufacturer may be held liable even if they weren’t negligent and didn’t intend to cause injury.
How are Tort Claims Litigated?
The nuts and bolts of a tort claim can vary from state to state and country to country. Tort claims that are filed against government entities can also proceed very differently from tort claims filed against businesses or private parties. But generally, a tort claim follows a certain path:
- The plaintiff suffers an injury.
- After investigation, it’s determined that the defendant caused the plaintiff to suffer this injury.
- The plaintiff files a tort complaint against the defendant, setting out the circumstances that led to their injury, how the defendant was responsible, and what damages they’re seeking.
- The defendant may then file an answer or response to the complaint, admitting or denying the allegations.
- During the discovery process, each party can request information from the other: documents and records, sworn statements (depositions), and other evidence to help build their claim (or defense).
- During or after discovery, the parties may file dispositive motions to help move the case toward completion.
- For example, if the defendant believes the evidence is insufficient to establish fault, they may petition for summary judgment. This will require the judge to review the designated evidence; if the judge concludes that there’s no legal path forward for the plaintiff, they will grant judgment in the defendant’s favor and dismiss the case.
- On the other hand, a plaintiff can also seek summary judgment on part or all of a claim. If granted, the claim will be settled in the plaintiff’s favor without needing a trial.
- If no settlement can be reached, the case will proceed to trial. Most tort claims can be tried either in front of a judge (bench trial) or a jury (jury trial).
Career Path to Becoming a Tort Lawyer
Because the scope of tort law is so broad, most tort lawyers specialize in certain areas—for example, medical malpractice, auto accidents, traumatic brain injury (TBI) cases, or environmental/toxic torts. Most torts lawyers also focus on either plaintiff or defense work. It’s tough to find an attorney who regularly takes on both types of cases.
Tort lawyers can work as solo practitioners or as members of law firms. Some law firms focus almost exclusively on tort law. Tort lawyers can also work as in-house counsel for large businesses or insurance companies.
Becoming a torts lawyer doesn’t require any special expertise or curriculum—generally, anyone who has a license to practice law can become a tort litigator. But there are a few law school classes that can help hone your tort knowledge:
- Business torts
- Civil procedure
- Antitrust
- Remedies
- Evidence
- Pretrial advocacy
- Trial advocacy
- Federal courts
- Class action litigation
- Deposition advocacy
“Not only is it important to have some foundational knowledge about torts, civil procedure, and remedies, it’s also important to know the nuts and bolts of litigating claims and how to effectively advocate on your client’s behalf,” says Mauricio Celis, licensed tort lawyer at Celis Law Group. “Trial courses like pretrial and trial advocacy, as well as discovery courses like deposition advocacy, can help build litigation skills that will come in handy later.”
Clinical courses that provide some practical, hands-on experience can also help new lawyers get their bearings when it comes to litigating tort claims. During law school, students may want to pursue internships or externships at personal injury law firms that can give a realistic glimpse into the day-to-day life of a torts attorney. As with all areas of law practice, mentorship is key—and law school is one of the best times to begin networking and developing the relationships that will help boost one’s future career.
