A tort is a civil wrong that can support a claim for damages. A personal injury case may involve negligence, an intentional act or a form of strict liability, depending on the facts. The legal label does not replace proof of the elements required for that particular theory.

Negligence: conduct, harm and causation

A negligence review asks what duty applied, what the person did or failed to do, what harm occurred and whether the negligent conduct was a substantial factor in causing it. In a collision, evidence may concern vehicle movements, traffic controls, observation, braking and the connection between the impact and the injuries claimed. A traffic report or an injury alone does not prove the entire case.

Intentional torts require a different analysis

An assault, battery or other intentional act has different elements from ordinary carelessness. Possible insurance coverage and available damages also require separate review. A criminal investigation does not automatically establish or preserve every civil claim.

Strict liability does not mean automatic recovery

Certain claims, including some product and dog-bite claims, can involve strict-liability rules. The applicable rule still has required elements and potential defenses. Counsel must identify the product, event, parties and actual mechanism of injury rather than assume that any accident fits the theory.

A claim is not limited to an insurance demand

“Claim” can describe a legal right or allegation as well as a demand for payment. An insurance demand is one way of pursuing a claim. A lawsuit is a court proceeding begun by filing the appropriate complaint. Claims against public entities may require a separate administrative claim before suit. Sending an insurance demand does not by itself satisfy government-claim requirements or stop a limitations period.

Bring facts before choosing labels

  • Identify the incident, date, location and potentially responsible parties.
  • Preserve original photographs, video, witnesses and correspondence.
  • Document treatment, work restrictions and other losses.
  • Flag any public entity, criminal proceeding, prior settlement or approaching deadline.

For more detail, see California personal injury claims, liability and insurance terminology, and the California Courts personal injury overview.

Choose the guide for your incident

Start with the facts and records for the type of incident you experienced. These pages explain how Weiss Attorneys reviews injury matters and what information to bring to a consultation.

  • Car accident claims: organize the collision sequence, driver and witness information, insurance correspondence, and injury records.
  • Slip, trip, and fall claims: identify the property, exact location, condition involved, available photographs, and incident-report information.
  • Post-accident checklist: organize collision records and identify what is still missing.

Discuss your claim with Weiss Attorneys

Call (213) 583-0977 or request a free consultation. Our office is in Sherman Oaks, with phone and video consultations available throughout California. Hablamos Español. For accepted contingency matters, attorney fees and case costs are governed by the written agreement. No outcome is guaranteed.

Prepared by Weiss Attorneys. Updated October 13, 2026. General information; the facts, applicable law, insurance terms and deadlines require an individual review.