Understanding Legal Terms: What Is a Tortfeasor?

Legal terminology can often feel outdated and intimidating, but many terms have simple meanings. One such term is tortfeasor. A tortfeasor is the individual, business, or entity that caused harm to another party. Whether the harm was intentional or due to negligence, the tortfeasor can be held legally responsible for the damages they caused. In most cases, the tortfeasor is essentially the defendant in a personal injury case—the party you are seeking financial recovery from.

If you’ve been injured in Connecticut, the team at Bert McDowell Injury Law can help you pursue compensation from the tortfeasor. Contact us at 475-231-3274 for a free consultation today.

The Origin of the Term “Tortfeasor”

The term “tortfeasor” is rooted in personal injury law, which is also known as “tort law.” A tort refers to any harm, injury, or wrongdoing done to another person. The word comes from the Old French term tort, meaning “wrong.” Similarly, “feasor” derives from the Old French word fesor, meaning “doer.” Put together, “tortfeasor” translates to “wrongdoer.”

However, it’s important not to take this term too literally. Most tortfeasors are not criminals or inherently bad people. In many cases, their actions—or inactions—caused harm unintentionally, often due to negligence. Negligence is a failure to exercise reasonable care to prevent harm to others. For example, a driver who causes a car accident because they were texting is a tortfeasor, even though they didn’t intend to harm anyone.

What Counts as “Tortfeasance” or Negligence?

In most personal injury cases, determining whether someone is a tortfeasor comes down to proving negligence. Generally, a person or business is considered negligent if:

• They failed to act with reasonable care, and
• Their failure directly caused your injury or loss.

For example, imagine you’re visiting a grocery store in Connecticut. You slip on a puddle of spilled liquid, injuring your arm. Who is at fault?

• If you spilled the liquid yourself: In most cases, the store wouldn’t be responsible since they didn’t act negligently.
• If the liquid was already there: If the store failed to clean it up, mark the area with a warning sign, or close off the aisle, their negligence may have caused your accident. In this case, the store is the tortfeasor, and you have a valid claim.

Can There Be Multiple Tortfeasors?

Yes, more than one party can be at fault in a single personal injury case. Consider a common car accident scenario:

You’re driving on a Connecticut highway when a deer suddenly crosses the road. You brake in time to avoid the deer, but the driver behind you was following too closely and rear-ends your car. This driver is the first tortfeasor. However, a third vehicle, whose driver wasn’t paying attention, crashes into the car that hit you, causing further injury. The driver of this third car becomes the second tortfeasor.

Under Connecticut law, you have the right to seek compensation from one or both tortfeasors, depending on the circumstances. Your personal injury attorney will work to determine the extent of your damages and the level of fault for each party. If multiple parties are at fault, their insurance companies may share the responsibility for covering your losses.

How Bert McDowell Injury Law Can Help

After an accident, pursuing compensation can feel overwhelming, especially if multiple parties are involved. At Bert McDowell Injury Law, we specialize in helping Connecticut residents recover the financial compensation they deserve after an injury. Whether your case involves a single tortfeasor or multiple negligent parties, our team has the expertise to handle it.

We understand the complexities of personal injury law, and we’re dedicated to fighting for your rights. From car accidents to slip-and-fall injuries, our goal is to secure the maximum compensation for your medical bills, lost wages, pain, and suffering.

Don’t navigate the legal process alone. Let us help you hold the negligent party accountable and get the justice you deserve.

Contact Us Today

If you or a loved one has been injured due to someone else’s negligence, contact Bert McDowell Injury Law today. We offer a free, no-obligation consultation to discuss your case and explore your legal options. Call us at 475-231-3274 or fill out our online form to get started.

With our experience and dedication, we’ll work tirelessly to help you secure the compensation you deserve. Don’t wait—reach out to us now!