What is a Tortfeasor?

front damage to 18 wheeler tractor trailer after crash — A careless truck driver is an example of a tortfeasor.

A tortfeasor is a person who commits a tort. A tort is a wrongful act or an infringement of a right (other than under contract) leading to civil legal liability.

The torts that form the basis of most Florida personal injury claims are auto accidents and slip, trip and fall claims.

Slip, trip and fall claims are the most common tort claims on cruise ships.

Why you need to know what a tortfeasor is

Many Florida appeals and trial court decisions use the term “tortfeasor”. Many Florida Statutes (laws) also use this term. Therefore, you should know it if you want to make a Florida personal injury claim.

Example of a tortfeasor

Joe is driving a truck on the highway. Mike is driving another truck. He is behind Joe.

Mike is not paying attention. He crashes into the rear of Joe’s truck.

Mike is a tortfeasor. I settled this case for $210,000. The tortfeasor’s truck from the actual case is above.

*Names are changed.

What are some of the major Florida laws that use the word “tortfeasor”?

Compensation for injuries when third persons are liable (Florida Statute 440.39)

In Florida, an employee who is injured or killed in the course of his employment by the negligence or wrongful act of a third-party tortfeasor, such injured employee or, in the case of his or her death, the employee’s dependents may accept compensation benefits under workers compensation, and at the same time the injured employee or his or her dependents or personal representative may sue the third-party tortfeasor.

The term “third party claim” is used to describe a tort claim by a worker against a person other than the employer or a co-employee. An injured employee may accept workers compensation benefits and sue a third party tortfeasor who is responsible for the employee’s injuries.

Collateral Sources of Indemnity (Florida Statute 768.76(4) – (7)

Florida Statute 768.76(4) states:

“A provider of collateral sources that has a right of subrogation or reimbursement that has complied with this section shall have a right of reimbursement from a claimant to whom it has provided collateral sources if such claimant has recovered all or part of such collateral sources from a tortfeasor.”

The most common collateral source in a Florida personal injury case is health insurance.

This means that if you settle your Florida personal injury case, a collateral source provider has a right of to be paid back from your settlement with a tortfeasor.

In many Florida accident cases, you can subtract your pro-rata attorney’s fees and costs when paying back the tortfeasor.

Warning! There are many situations where you do not have to pay back a collateral source provider once you settle your Florida personal injury case.

Tip: You need to send a certified letter to the collateral source provider to reduce the chance that you need to pay it back from your settlement.