WGK Personal Injury Lawyers | September 16, 2025 | Maryland Law

What Is the Difference Between Tort Law and Personal Injury Law?

Tort law and personal injury law provide injured parties a legal means for seeking compensation for losses and damages caused by another party. Understanding the difference between tort law and personal injury law is essential for protecting your rights. 

This blog explains the key differences between claims and how you can seek compensation if someone caused your accident or injury.

Understanding Torts and Personal Injury Law in Maryland

Tort law is a broad area of civil law that seeks to provide a remedy for harm caused to another individual or party. A tort is an act or omission that causes harm to someone. 

The three main categories of torts are:

  • Negligence: Negligent torts occur when someone is harmed because a party fails to exercise reasonable care or meet a specific standard of care required for a particular situation. 
  • Intentional torts: Intentional torts are deliberate actions to cause harm to a person or their property.
  • Strict liability torts: Strict liability torts do not require proving that a party was negligent or acted with intent. It holds a party liable regardless of fault.

Personal injury law is a specific subset of tort law that focuses on cases involving physical and/or emotional injury to someone caused by another party’s negligence or intentional torts. All personal injury cases are tort cases, but not all tort cases involve personal injury.

Key Differences Between Tort Law and Personal Injury Law in Baltimore, MD

Tort law and personal injury law have many aspects in common since personal injury claims are a subset of tort law. However, there are a few differences, including:

Scope

Tort law covers all civil wrongs, while personal injury law specifically applies to physical and emotional injuries caused by intentional or negligent conduct. Examples of personal injury cases include, but are not limited to:

Torts that aren’t personal injury cases may include property damage, defamation, trespass, and nuisance.

Purpose

The purpose of tort law is to provide remedies for all types of civil wrongs and impose liability on wrongdoers. The purpose of personal injury law is to provide compensation for injuries and losses for the injured party.

The legal elements of a tort claim depend on the type of claim. For example, a strict liability tort does not require an injured party to prove fault. The wrongdoer can be held liable for damages even though they did not intend to cause an injury and took reasonable care.

Personal injury claims based on negligence require the injured victim to prove:

  • The wrongdoer had a duty that created a legal obligation to use reasonable care;
  • The wrongdoer breached the duty by failing to meet the standard of care;
  • The wrongdoer directly and proximately caused the victim’s injuries because of the breach of duty; and,
  • The victim sustained harm because of the wrongdoer’s actions.

The level of proof required for tort and personal injury cases is by a preponderance of the evidence. A jury must determine that it is more likely than not that all legal elements are true.

Statute of Limitations for Tort and Personal Injury Claims in Maryland

Maryland’s statute of limitations for most personal injury and tort claims is three years from the date of the injury or accident. Exceptions to this rule can change the deadline to file a lawsuit. Courts can dismiss lawsuits filed after the deadline. 

Therefore, it is advisable to seek legal advice as soon as possible after accidents and injuries.

Damages in Tort and Personal Injury Cases

Injured parties can seek compensation for economic damages, including out-of-pocket expenses, lost wages, and medical expenses. They may also receive compensation for non-economic damages, including pain, emotional distress, and diminished quality of life. If the injured party proves actual malice, a jury may also award punitive damages.

The specific types of damages a party receives depend on the type of claim being filed and the factors involved in the case. A Baltimore personal injury lawyer can review your case and advise you on the potential damages you may be entitled to receive.

Maryland’s Harsh Contributory Negligence Standard

Maryland follows a contributory negligence rule in tort and personal injury cases. If the injured party is found even slightly at fault for their injuries, they are barred from recovering damages. This standard differs from comparative fault systems in other states and has a significant impact on tort and personal injury claims in Maryland.

Protecting Your Rights to Compensation After an Injury or Accident in Baltimore, MD

Tort and personal injury claims often involve complicated legal issues. Seeking help from an experienced Baltimore personal injury lawyer as early in your case as possible can improve your chances of a positive outcome. 

For more information contact the Baltimore personal injury law firm of WGK Personal Injury Lawyers to schedule a free initial consultation.

WGK Personal Injury Lawyers
14 W Madison St, Baltimore, MD 21201, United States
(410) 837-2144

WGK Personal Injury Lawyers – Dundalk Office
7329 Holabird Ave Suite 3, Dundalk, MD 21222
By appointment only
(410) 970-3080