UNDERSTANDING TORT REFORM
|
|
- Wilfrid Greene
- 8 years ago
- Views:
Transcription
1 A White Paper Presented by UNDERSTANDING TORT REFORM A ROADMAP
2 UNDERSTANDING TORT REFORM A ROADMAP If you lived in California during the 2014 election cycle, you may have heard of something called tort reform. When the words tort reform get used in discussions about the legal system and personal injury laws, your ears should perk up. Tort reform, as a phrase, can be political code for a certain way of thinking and speaking about our personal injury legal system. Proponents of tort reform wish to change the legal system, but in a way that benefits private individuals and public corporations who have caused harm at the expense of the people they have seriously injured. However, many proponents of tort reform know their position isn t going to be viewed sympathetically by reasonable people if it is presented in plain language. For that reason, they use the word reform. By doing so, they hope to frame their position in such a way as to make themselves look as if they have motives rooted in what is best for most of the population. After all, so they would like people to think, if something is in need of reform, it must be something bad or broken, something in need of being replaced or repaired. They want you to believe that the system is running away with exorbitant amounts of money being demanded and awarded for such things as a burglar being injured while breaking into a store. That the system is in free fall. This campaign (often referred to as The Stella Awards) is based on fear, disinformation, fiction, and not on fact. Therefore, when thinking about California s personal injury legal system and assessing the arguments made in discussions regarding tort reform, there are a number of points for you to keep in mind. 2
3 THE WORD TORT IS A TERM OF ART IN THE PERSONAL INJURY LEGAL SYSTEM First, you should understand that the word tort is a legal term of art with a particular meaning. Black s Law Dictionary offers the following definition of tort: 1. A civil wrong for which a remedy may be obtained, usu. in the form of damages; a breach of a duty that the law imposes on everyone. 2. (pl.) The branch of law dealing with such wrongs. 1 Very loosely speaking, and for our limited purpose here of providing a general introduction, you can think of tort as the technical legal word used to refer to an entire body of law regarding the injuries people suffer, especially physical injuries. Under tort (in other words, under the theory of law relevant to personal injuries), when people are injured under certain circumstances, the law allows those people to establish the extent to which they have been damaged. To the extent a person has been damaged, that injured person can then pursue and recover from whomever is held legally responsible for the injury. Normally, the court can obligate the responsible person for payment to the injured person according to the nature of the injuries. The nature of these injuries and their extent emotional, physical, financial and otherwise are determined by the court. INSURANCE COMPANIES ARE FOR-PROFIT BUSINESSES, NOT ALTRUISTIC CHARITIES Because tort reform is a story being told by particular people for a particular reason, it has a cast of characters. A key character in the drama of tort reform is the insurance industry. Simply put, when an injured person successfully holds a person or corporation responsible for causing injury, the responsible person s insurance company pays the injured victim. The insurance companies and often the corporations who have caused the injuries, therefore, both have taken an active interest in keeping any payments to injured people as low as possible or preventing them in their entirety. To do that, they have proposed caps on these payments. More on that below when we talk about damages. 3 1 BLACK S LAW DICTIONARY (7th ed. 1999); see also, Cal. Civ. Code 3333, et seq. (West 2014).
4 you have been injured, and when the responsible person and his or her insurer are not treating you fairly. ATTORNEYS SEEK TO REPRESENT CASES THAT HAVE MERIT ATTORNEYS MUST PUT YOUR BEST INTERESTS ABOVE THEIR OWN PROFIT MOTIVE To balance the scales between you, on the one hand, and the companies and their insurers on the other, an attorney can step in on your behalf. Unlike the insurance companies whose first responsibility lies with their investors, an attorney s first responsibility lies with his or her client. This responsibility held by an attorney toward a client is imposed upon the attorney as a necessary condition of being a lawyer. It is called a fiduciary duty. Under this fiduciary duty, your attorney must advise you according to your own best interests. Unlike an insurance company whose first duty lies to its investors, an attorney must put a client s best interests even before the attorney s own interest in profit or fees. In following this duty, attorneys commit themselves to helping clients protect their rights and receive fair treatment. To that end, an attorney can help you when The best approach an attorney can take generally involves what is called a contingency fee arrangement. When you and your attorney enter into your own contract for legal services, your attorney normally only receives payment out of whatever proceeds the attorney recovers on your behalf. As a result of this contingency fee arrangement, attorneys are motivated to only accept those cases that have merit. Why is this the case? Because attorneys must invest their own money in a case in order to prosecute it. An attorney will only want to invest in cases, therefore, that show a likelihood of success. And the cases most likely to succeed are those that have merit. Therefore, payment works differently in the personal injury system than it does in other areas of the law. Most people think all lawyers simply get paid by the hour. If that were the case in the personal injury system, then lawyers would simply take whatever case would be presented to them. 4 Design and editorial services by FindLaw, a part of of
5 As explained above, however, that is not the case. Because lawyers invest their own time and funds in a case and they only receive that money back if they successfully resolve the case, personal injury lawyers are highly motivated to pursue only those cases they believe a judge and jury will believe in, too; and, then to work extremely hard to prepare and present a winning case. THE VALUE OF AN INJURY CASE IS GOVERNED BY CALIFORNIA LAW If you have been injured, you may have very well-intentioned people telling you to sue for everything you can get. They may even be telling you the sky is the limit. It is interesting that you can almost always find someone who somehow knows someone else who got so much money for a similar injury at some ill-defined time in the past. While these comments are well-intentioned and most likely meant to give you support during your recovery, they are also misinformed. California law does not leave the determination of such an important matter to chance. Instead, California law expressly provides a number of categories that dictate what can be recovered in a case. These categories are called damages. Damages serve as the crux of the tort reform drama. THE TERM DAMAGES IS ALSO A LEGAL TERM OF ART IN THE PERSONAL INJURY SYSTEM Much of tort reform is aimed at limiting the amount of damages for which a corporation, entity or individual can be held responsible. The proposed limits on damages are called caps. According to California state statute, three kinds of damages can be recovered in a personal injury case. These three categories are: 1. Noneconomic 2. Economic 3. Punitive THE 3 KINDS OF DAMAGES THAT CAN BE RECOVERED in a personal injury case 1 NONECONOMIC ECONOMIC PUNITIVE
6 You may have even heard of some of those terms over the course of the 2014 political advertising. The context for our discussion of those terms, though, is a little bit different. Whereas the political discussions concerned injuries arising out of medical malpractice, our examination of the terms here is solely with respect to those personal injuries not arising out of medical malpractice. BUT WHAT DO THE TERMS MEAN? If you have heard of pain and suffering or emotional distress, then what you have been talking about are technically called 1 NONECONOMIC noneconomic damages under the law. Noneconomic damages are also sometimes referred to as general damages. Public corporations and insurance companies are keenly interested in capping noneconomic damages because these damages place the financial responsibility on the corporation or the insured for causing the injuries and disabilities inflicted on the injured person rather than transferring them to the taxpayers and general population. Noneconomic damages also form a key element in compensating the injured party for what are often life-changing and even life-ending accidents resulting from careless or negligent behavior. Noneconomic damages are different from economic damages. Economic damages, generally speaking, are what we are talking about when we are discussing matters such as medical bills arising out of the treatment related to the injury. We could also be discussing the income that an injured person has lost now and potential income that will be lost in the future. A third kind of damages are punitive damages. Many people often lump punitive damages with noneconomic damages, but the two kinds 2 ECONOMIC 3 PUNITIVE of damages are distinct categories. To keep them separate in your mind, recall that punitive damages (sometimes called exemplary damages) are a kind of punishment for bad or intentional conduct (e.g., marketing products known to be defective and likely to cause or having a history of causing injury). 6
7 Punitive damages are intended to deter people from conducting themselves similarly in the future. These damages are normally considered when the conduct of the responsible person or corporation has been especially bad. Punitive damages, therefore, often come under attack from private interests who wish to eliminate or cap them in order to make their business calculations more predictable in cases involving their reckless or negligent behavior. The focus of much reform is on punitive damages when in truth the award of punitive awards is extremely rare. Punitive damages can also be remembered by referencing two famous cases: the Pinto case and the McDonald s coffee case. In the Pinto case, Ford knew that people were dying because of a faulty design in the Pinto: The gas tank was placed in the rear of the car in such a way that it ignited upon impact. Rather than remedy the situation, Ford decided it would be cheaper to let people sustain injuries or burn to death. Ford made this determination by calculating the cost of remedying the situation versus how much each injury or death cost it. PUNITIVE DAMAGES EXAMPLE: FORD Pinto Case Ford decided to not correct the defect even though it knew about the problem during the test phase. Ford decided to spend $49.5 million to defend lawsuits rather than spend $137 million to correct the defect. 7 2 Cal. Civ. Code (a), et seq. (West). 3 Cal. Civ. Code (b), et seq. (West). 4 Cal. Civ. Code 3294, et seq. (West).
8 Another example of punitive damages is the McDonald s coffee case. Here, McDonald s had been warned in writing by customers for years that the coffee was so hot it injured people with severe third-degree burns. Rather than change its practices, McDonald s determined it would make more money by keeping the temperature of the coffee where it was to increase sales in their stores. Anybody who was burned in the process, McDonald s determined, would not be able to recover enough in damages to make the practice unprofitable. In both of the above cases, two major corporations trusted for decades by millions of citizens in our country, took advantage of their reputations as good corporate citizens in order to maximize profitability. They did so knowingly at the expense of their own customers health and even their lives. To put a stop to those behaviors, the courts awarded punitive damages that made the profit calculations of Ford and McDonald s worthless. Powerful interests such as Ford and McDonald s, because of punitive damages, could no longer assign a value to human life that they could use in order to calculate profitability. MCDONALD S COFFEE CASE FACTS 1. In the decade prior to the case, McDonald s had received at least 700 reports of coffee burns ranging from mild to third degree and had settled claims arising from scalding injuries for more than $500, Christopher Appleton, a McDonald s QA manager, testified for McDonald s that McDonald s had no plans to change its procedures, claiming: There are more serious dangers in restaurants. 3. Robert Knaff, a human factors engineer, testified for McDonald s that the burns were statistically insignificant when compared to the billion cups of coffee McDonald s sells annually. 4. Jurors felt McDonald s wasn t attaching enough importance to the fact that there are people attached to those numbers. They were not taking care of their customers. Some jurors wanted to award as much as $9.6 million, but the jury settled on $2.7 million. The attorney had suggested amounts equal to one or two days of company-wide coffee sales, or approximately $1.35 million per day. 8 5 Grimshaw v. Ford Motor Co., 119 Cal.App.3d 757, 174 Cal. Rptr. 348 (1981); Liebeck v. McDonald s Restaurants, P.T.S., Inc., No. D-202 CV , 1995 WL (Bernalillo County, N.M. Dist. Ct. August 18, 1994).
9 PROPONENTS OF TORT REFORM PUT PROFIT ABOVE PERSONAL RESPONSIBILITY Not surprisingly, the parties most in favor of tort reform are those corporations that want to go back to the good old days. They want to be able to accurately forecast the profitability of their actions even if they should behave in such a way that causes injury or death. In order to calculate death, the proponents of tort reform want caps on damages, especially on punitive damages and noneconomic damages. To make their position seem more sympathetic, they characterize the cases that give rise to punitive damages, particularly the McDonald s coffee case, as being frivolous. The superficial versions of cases circulated in the media make people think that caps should be enacted, but you do not have to let it be this way. CONCLUSION Instead, you should keep in mind that the phrase tort reform carries with it a certain perspective. This perspective is not neutral. It is a perspective adopted by people and corporations who want to put the interests of profit above the interests of people who have been injured. Further, people who have been injured need to understand that their interests are under attack even by their own insurance companies. By clearly understanding what is at stake in tort reform, you will be able to protect the rights of the injured while also putting a stop to behaviors that cripple people throughout the country. Visit our site: Call our firm: Follow Us On Social 9 The content of this paper is provided for informational purposes only and does not constitute legal advice Welebir Tierney & Weck, APLC. All rights reserved. Design and editorial services by FindLaw, part of
MODEL JURY SELECTION QUESTIONS
MODEL JURY SELECTION QUESTIONS Standard Jury Voir Dire Civil [] 1. In order to be qualified under New Jersey law to serve on a jury, a person must have certain qualifying characteristics. A juror must
More information809.100 MEDICAL MALPRACTICE DAMAGES PERSONAL INJURY GENERALLY. 1
Page 1 of 5 809.100 MEDICAL MALPRACTICE DAMAGES PERSONAL INJURY GENERALLY. 1 (Use for claims filed on or after 1 October 2011. For claims filed before 1 October 2011, use N.C.P.I.-Civil 810.00 et seq.)
More informationCar & truck accidents require an experienced Louisville auto accident attorney
http://www.slechterlawfirm.com/car-truck-accidents/ Car & truck accidents require an experienced Louisville auto accident attorney Auto accidents happen fast. But the effects can sometimes last a lifetime,
More informationEverything You Need To Know About. Personal Injury Lawsuits
Everything You Need To Know About Personal Injury Lawsuits What Qualifies as a Personal Injury Case? Vehicle Crash Products Liability Premises Liability Labor and Delivery Injuries Car Accidents Motorcycle
More informationProfessional Practice 544
February 15, 2016 Professional Practice 544 Tort Law and Insurance Michael J. Hanahan Schiff Hardin LLP 233 S. Wacker, Ste. 6600 Chicago, IL 60606 312-258-5701 mhanahan@schiffhardin.com Schiff Hardin LLP.
More informationMedical Malpractice VOIR DIRE QUESTIONS
Medical Malpractice VOIR DIRE QUESTIONS INTRODUCTION: Tell the jurors that this is a very big and a very important case. Do a SHORT summary of the case and the damages we are seeking. This summary should
More informationChapter 4 Crimes (Review)
Chapter 4 Crimes (Review) On a separate sheet of paper, write down the answer to the following Q s; if you do not know the answer, write down the Q. 1. What is a crime? 2. There are elements of a crime.
More informationLOUISIANA PERSONAL INJURY ACCIDENT BASICS
LOUISIANA PERSONAL INJURY ACCIDENT BASICS The Concept of Negligence If you have been injured, only an experienced Louisiana personal injury accident attorney can evaluate the unique facts and circumstances
More informationAdvocate Magazine March 2011. Why medical malpractice still matters.
Advocate Magazine March 2011 Why medical malpractice still matters. Despite MICRA limitations, medical-negligence claims still have a crucial role in society BY BRUCE G. FAGEL We all know the statistics
More informationMinnesota Personal Injury Law: Car Accidents
2009 Minnesota Car Accidents Laws/Statutes Statutes are laws that apply to all citizens and cover a variety of topics, including the following: the legislature, the executive branch, state departments,
More information809.142 MEDICAL MALPRACTICE DAMAGES WRONGFUL DEATH GENERALLY. 1
Page 1 of 5 809.142 MEDICAL MALPRACTICE DAMAGES WRONGFUL DEATH GENERALLY. 1 (Use for claims filed on or after 1 October 2011. For claims filed before 1 October 2011, use N.C.P.I.-Civil 810.42 et seq.)
More informationMICHAEL D. WAKS LONG BEACH PERSONAL INJURY ATTORNEY
WHAT IS LEGAL MALPRACTICE IN CALIFORNIA? A client who sustains harm as a direct result of legal malpractice can file a civil lawsuit against the attorney who was responsible for causing that harm. MICHAEL
More informationHow To Determine How Much Compensation A Victim Is Entitled To In Tennessee
COMPENSATION IN A TENNESSEE PERSONAL INJURY LAWSUIT If You Have Been Injured in a Personal Injury Accident and Someone Else s Negligence Caused, or Contributed to, the Accident, You May Be Entitled to
More informationACCIDENT CASE SUE IN AN AUTOMOBILE IN FLORIDA? When you are involved in an automobile accident, you suffer physical, emotional and financial damages
CAN FAMILY MEMBERS SUE IN AN AUTOMOBILE ACCIDENT CASE IN FLORIDA? When you are involved in an automobile accident, you suffer physical, emotional and financial damages 1 When you are involved in an automobile
More informationQUESTION NO. 3. Amendment to Titles 1 and 3 of the Nevada Revised Statutes. CONDENSATION (ballot question)
QUESTION NO. 3 Amendment to Titles 1 and 3 of the Nevada Revised Statutes CONDENSATION (ballot question) Shall Title 1 of the Nevada Revised Statutes governing attorneys, and Title 3 of the Nevada Revised
More informationFREE SPECIAL REPORT WANT TO PROTECT YOUR FAMILY? WHAT YOU ABSOLUTELY, POSITIVELY HAVE TO KNOW WHEN BUYING CAR INSURANCE.
FREE SPECIAL REPORT WANT TO PROTECT YOUR FAMILY? WHAT YOU ABSOLUTELY, POSITIVELY HAVE TO KNOW WHEN BUYING CAR INSURANCE. Keep reading to learn What are your chances of having an accident in Kentucky with
More informationPersonal Injury Law: Minnesota Medical Malpractice
Personal Injury Law: Minnesota Medical Malpractice Medical Malpractice Terms Statutes of Limitations Minnesota Medical Malpractice Laws Medical malpractice includes many forms of liability producing conduct
More informationCommon Myths About Personal Injury and Wrongful Death Cases 1. By B. Keith Williams
Common Myths About Personal Injury and Wrongful Death Cases 1 By B. Keith Williams There are several myths about accident cases and the attorneys that handle them. It is important to keep these myths in
More informationPERSONAL INJURY CLAIMS
PERSONAL INJURY CLAIMS Frequently Asked Questions 1. Can I make a claim? If you have been injured because of the fault of someone else, you can claim financial compensation through the courts. The dependants
More informationAuto accidents can cause thousands or even millions of dollars in losses due to medical expenditures, an inability to work, a reduction in future
TEXAS AUTO ACCIDENTS Auto accidents can cause thousands or even millions of dollars in losses due to medical expenditures, an inability to work, a reduction in future earnings, or the untimely death of
More informationProducts Liability: Putting a Product on the U.S. Market. Natalia R. Medley Crowell & Moring LLP 14 November 2012
Products Liability: Putting a Product on the U.S. Market Natalia R. Medley Crowell & Moring LLP 14 November 2012 Overview Regulation of Products» Federal agencies» State laws Product Liability Lawsuits»
More informationWORKERS COMPENSATION SUBROGATION AND THIRD PARTY SETTLEMENTS. B. Industrial Revolution and Workers Compensation Statutes
I. HISTORICAL BACKGROUND A. Common Law WORKERS COMPENSATION SUBROGATION AND THIRD PARTY SETTLEMENTS Before the advent of workers compensation statutes, the only protection afforded to victims of work place
More informationCardelli Lanfear P.C.
Michigan Prepared by Cardelli Lanfear P.C. 322 West Lincoln Royal Oak, MI 48067 Tel: 248.850.2179 Fax: 248.544.1191 1. Introduction History of Tort Reform in Michigan Michigan was one of the first states
More informationHOW MUCH MONEY IS WORTH? MY SLIP AND FALL CASE
HOW MUCH MONEY IS MY SLIP AND FALL CASE WORTH? Knowledge of the Value of Your Claim Can Help You to Determine If a Settlement Offer Is Reasonable and Appropriate Given the Circumstances of the Fall and
More informationWHEN IT COMES TO. Personal Injury Law, LEARN. UNDERSTAND. ACT.
WHEN IT COMES TO Personal Injury Law, LEARN. UNDERSTAND. ACT. When It Comes to Personal Injury Law, Learn. Understand. Act. Although individuals may have heard the term personal injury before, many do
More informationOPENING INSTRUCTIONS
OPENING INSTRUCTIONS Members of the Jury: Respective Roles of Jurors and Judge You ve been chosen as jurors for this case, and you ve taken an oath to decide the facts fairly. As we begin the trial, I
More informationXARELTO: WHAT YOU NEED TO KNOW ABOUT IT
XARELTO: WHAT YOU NEED TO KNOW ABOUT IT 1 Surgeries to replace knees and hips are commonplace in today s hospitals. Xarelto is a drug prescribed by doctors to prevent blood clots after those surgeries.
More informationConsumer Awareness How to Keep From Getting Ripped Off by Big Insurance
Consumer Awareness How to Keep From Getting Ripped Off by Big Insurance Provided as an educational service by: Anthony D. Castelli, Esq. Concentration in Auto and Work Related Injuries (513) 621-2345 ATTENTION!!!
More informationDEPUY HIP REPLACEMENTS: WHAT YOU NEED TO KNOW ABOUT THEM
DEPUY HIP REPLACEMENTS: WHAT YOU NEED TO KNOW ABOUT THEM 1 As people get older, some of their bones actually do get weary and tired. Sometimes, bones and joints need to be replaced by doctors to improve
More informationT HE M YTH OF THE F RIVOLOUS L AWSUIT J USTINIAN C. L ANE. Page 1 of 9 http://www.stoptortreform.com
T HE M YTH OF THE F RIVOLOUS L AWSUIT J USTINIAN C. L ANE Page 1 of 9 INTRODUCTION: One of the catch phrases of tort reformers is frivolous lawsuits a lawsuit that has no legal basis, or is so petty that
More informationZOFRAN: WHAT YOU NEED TO KNOW ABOUT IT
ZOFRAN: WHAT YOU NEED TO KNOW ABOUT IT 1 When people seek relief from nausea, they might eat a few crackers, drink ginger ale, or take an over-the-counter medication like Pepto-Bismol. But, when the nausea
More informationAn act can be both a crime and a tort. Example reckless driving resulting in an accident
How Do Crimes and Torts Differ? A crime is an offense against society. It is a public wrong. A tort is a private or civil wrong. It is an offense against an individual. If someone commits a tort, the person
More informationA T T O R N E Y AT LAW
E R I C G R U E T Z N E R, R P.C. A T T O R N E Y AT LAW After an accident there are so many questions and what-ifs that go through our minds, that I have put together a list of some of the most recurring
More informationLegal Processes; Organization and Analyses. In the world of legal studies, there needs to be an effort to understand and break down the
Legal Processes; Organization and Analyses In the world of legal studies, there needs to be an effort to understand and break down the process of litigation. One of the most efficient and productive ways
More informationFree Legal Consumer Guide Series www.southernmarylandlaw.com
Free Legal Consumer Guide Series Brought To You By Meeting All Your Legal Needs for 50 Years 2 What Is Medical Malpractice? HOW TO USE THIS GUIDE If you read this guide, you will discover what you need
More informationReptile Theory: A Tail of Two Reptiles. Julia B. Semenak
Reptile Theory: A Tail of Two Reptiles Julia B. Semenak If phrases like safety rules and community safety sound familiar, you have likely encountered a plaintiff s lawyer using the strategies set forth
More informationINFORMATION ABOUT THE FEDERAL TORT CLAIMS ACT WHAT TO DO IF YOU MIGHT HAVE A TORT CASE AGAINST THE FEDERAL BUREAU OF PRISONS
INFORMATION ABOUT THE FEDERAL TORT CLAIMS ACT OR WHAT TO DO IF YOU MIGHT HAVE A TORT CASE AGAINST THE FEDERAL BUREAU OF PRISONS Prepared by the D.C. Prisoners' Project of the Washington Lawyers Committee
More informationWhat the Jury Hears in Products Liability Litigation. The View From Both Sides and the Middle
What the Jury Hears in Products Liability Litigation The View From Both Sides and the Middle Theresa Zagnoli, Communications Expert and Jury Consultant Susan T. Dwyer, Defense Lawyer Jeffrey A. Lichtman,
More informationCooper Hurley Injury Lawyers
Cooper Hurley Injury Lawyers 2014 Granby Street, Suite 200 Norfolk, VA, 23517 (757) 455-0077 (866) 455-6657 (Toll Free) YOUR RIGHTS WHEN YOU ARE INJURED ON THE RAILROAD Cooper Hurley Injury Lawyers 2014
More informationA Guide for Childhood Sexual Abuse Survivors
You are not alone. It was not your fault. You have courage. You have choices. You have power. We re here to help. A Guide for Childhood Sexual Abuse Survivors Breaking the silence. Raising Awareness. Fighting
More informationTESTOSTERONE REPLACEMENT THERAPY: WHAT YOU NEED TO KNOW ABOUT IT
TESTOSTERONE REPLACEMENT THERAPY: WHAT YOU NEED TO KNOW ABOUT IT 1 As men get older, their doctors prescribe drugs to replace low testosterone levels in their bodies known as hypogonadism, or more commonly
More informationSTEPS IN A LOUISIANA PERSONAL INJURY LAWSUIT
STEPS IN A LOUISIANA PERSONAL INJURY LAWSUIT Having at least a basic understanding of the most common steps involved in a typical personal injury case may help empower you as a victim. Broussard & Hart,
More informationTable of Contents. Selected Iowa Wrongful Death Laws and Rules
Table of Contents 1. What is a wrongful death claim?... 2 2. Who may recover compensation for a wrongful death?... 3 3. How is a wrongful death claim commenced?... 4 4. What types of losses are compensated
More information7things. to look for when hiring a personal injury law firm in California. by John N. Demas, Attorney at Law
7things to look for when hiring a personal injury law firm in California by John N. Demas, Attorney at Law 701 Howe Avenue, Suite A-1 Sacramento, CA 95825 (916) 444-0100 www.injury-attorneys.com Seven
More informationRESOLUTION 108-2011. Injured Patients and Families Compensation Fund. Health Insurance Coverage and Access
RESOLUTION 108-2011 Albert L. Fisher, MD 1 2 3 4 5 6 7 Whereas, Wisconsin physicians have paid billions of dollars into the Injured Patients and Families Compensation Fund over the last 35 years, for which
More informationlawyers about medical damages (paperback)
lawyers about medical damages (paperback) Download: lawyers about medical damages (paperback) PDF ebook lawyers about medical damages (paperback) PDF - Are you searching for lawyers about medical damages
More informationStep-by-step guide to pursuing a medical negligence claim
Step-by-step guide to pursuing a medical negligence claim Suffering from medical negligence can be a painful and distressing experience for anyone. This short guide offers some advice to help people thinking
More informationDirectors and Officers Insurance Why You Need IT
Affiliate Chapter leaders often ask questions regarding D&O Insurance. ACMP provides the following information regarding securing and maintaining D&O Insurance. Should a nonprofit organization carry Directors
More informationChapter 11 Torts in the Business Environment
Chapter 11 Torts in the Business Environment Tort a civil wrong not arising from a breach of contract. A breach of a legal duty that proximately causes harm or injury to another. Two notions serve as the
More informationEverything You MUST Know. Before Hiring a Personal Injury Lawyer!
Everything You MUST Know Before Hiring a Personal Injury Lawyer! You Do NOT Have the Right to Reprint or Resell this Report! You Also MAY NOT Give Away, Sell or Share the Content Herein If you obtained
More informationHow Much Protection Does the Oregon Tort Claims Act Really Provide?
How Much Protection Does the Oregon Tort Claims Act Really Provide? Session Materials by Jens Schmidt Harrang Long Gary Rudnick P.C. Oregon Public Risk Manager s Fall Conference October 3, 2013 Salishan
More informationSHOULDN'T I JUST SAVE MYSELF THE MONEY I D PAY IN ATTORNEY'S FEES AND GO THROUGH THE INSURANCE COMPANY TO GET PAID FOR MY SLIP AND FALL ACCIDENT?
SHOULDN'T I JUST SAVE MYSELF THE MONEY I D PAY IN ATTORNEY'S FEES AND GO THROUGH THE INSURANCE COMPANY TO GET PAID FOR MY SLIP AND FALL ACCIDENT? This is the question that many clients ask when trying
More informationThe Top 13 Dirty Tricks
The Top 13 Dirty Tricks Insurance Companies Use And How to Defeat Them 644 Cesery Blvd. Suite 250 Jacksonville, Florida 32211 Phone: (904) 396-1911 Fax: (904) 396-1941 They are not your good neighbor,
More informationSmall Claims Court Information provided by Oregon State Bar http://www.osbar.org/public/legalinfo/1061_smallclaims.htm
Community Alliance of Tenants Tenant Education Information is for general information purposes only, and is not a substitute for the advice of an attorney Small Claims Court Information provided by Oregon
More informationINJURY LAW ALERT WINTER 2006/2007 ISSUE WHAT IS MEDICAL MALPRACTICE?
INJURY LAW ALERT WINTER 2006/2007 ISSUE WHAT IS MEDICAL MALPRACTICE? Medical malpractice is a broad term used to describe a number of different kinds of lawsuits brought against doctors and hospitals.
More informationORAL SODIUM PHOSPHATE: WHAT YOU NEED TO KNOW ABOUT THEM
ORAL SODIUM PHOSPHATE: WHAT YOU NEED TO KNOW ABOUT THEM 1 To prepare for medical procedures such as a colonoscopy, doctors would advise their patients to use an oral sodium phosphate product to clear out
More informationThe In s and Out s of School Law: What You Need to Know. Dr. Lee Banton, Professor Emeritus
The In s and Out s of School Law: What You Need to Know Dr. Lee Banton, Professor Emeritus The very first act of a teacher is signing a legal document the contract! Read, study and understand the contract
More informationUNIT 2 TORT LAW. wrong committed by from the French word meaning. Someone has suffered an personal injury through 1) ; 2) ; 3).
UNIT 2 TORT LAW 1 OBJECTIVE: DIFFERENTIATE BETWEEN CRIMES AND TORTS AND DEVELOP A STUDENT UNDERSTANDING OF NEGLIGENCE. NBEA STANDARD I: DIFFERENTIATE BETWEEN CLASSIFICATIONS OF PROCEDURAL LAW, AND DIFFERENT
More informationLiability of Volunteer Directors of Nonprofit Corporations (10/02)
Liability of Volunteer Directors of Nonprofit Corporations (10/02) This memorandum addresses the California and federal law protections that exist to shield volunteer directors of nonprofit corporations
More informationHow Do People Settle Disputes? How a Civil Trial Works in California
Article brought to you by the Administrative Office of the California Courts and California Council for the Social Studies in partnership for Civic Education How Do People Settle Disputes? How a Civil
More informationIf You Purchased StarKist Tuna, You May Benefit From A Proposed Class Action Settlement
United States District Court for the Northern District of California If You Purchased StarKist Tuna, You May Benefit From A Proposed Class Action Settlement A federal court authorized this notice. This
More informationTOP 10 MOST COMMON MISTAKES MADE IN HANDLING YOUR OWN INJURY CLAIM
TOP 10 MOST COMMON MISTAKES MADE IN HANDLING YOUR OWN INJURY CLAIM More times than not, your personal injury claim will be a battle with an insurance company. A highly trained adjuster will be assigned
More informationHow To Determine The Value Of A Personal Injury Case
How To Determine The Value Of A Personal Injury Case What Is Your Car Accident Case Really Worth? By Christopher M. Davis, Attorney at Law 206-727-4000 Phone: 206-727-4000 Fax: 206-727-4001 info@injurytriallawyer.com
More informationFoundations in Law Unit 4: Lawsuits and Liability: The Civil Justice System
Foundations in Law Unit 4: Lawsuits and Liability: The Civil Justice System Unit Overview How does the civil justice system hold people and corporations accountable for their actions? How does civil law
More informationChapter 7 Tort Law and Product Liability
Chapter 7 Tort Law and Product Liability Chapter Outline 1. Introduction 2. The Basis of Tort Law 3. Intentional Torts 4. Negligence 5. Cyber Torts: Defamation Online 6. Strict Liability 7. Product Liability
More informationWashington Dc Accident Lawyer
Washington Dc Accident Lawyer Virginia Car Accident Lawyer Serving Washington, D.C., Virginia and Maryland Have you or a loved one been seriously injured by the negligent actions of another? Have you lost
More informationHow to Find the Right Medical Malpractice Lawyer for Your Case
How to Find the Right Medical Malpractice Lawyer for Your Case Jeff Powless Attorney 2012 by Jeff Powless All rights reserved. 1 CONTENTS INTRODUCTION 3 THE PROBLEM 4 FINDING THE RIGHT ATTORNEY 9 DON T
More informationThings You Should Know About Your Child s Personal Injury Case
Things You Should Know About Your Child s Personal Injury Case Virginia law treats often children differently than it treats adults for many reasons. Children are not considered mature enough to understand
More informationMEDIATION STRATEGIES: WHAT PLAINTIFFS REALLY WANT By Jim Bleeke, SweetinBleeke Attorneys
MEDIATION STRATEGIES: WHAT PLAINTIFFS REALLY WANT By Jim Bleeke, SweetinBleeke Attorneys As defense attorneys, we often focus most of our efforts on assembling the most crucial facts and the strongest
More informationPublic Policy Position
ISSUE In line with the overall tort system, the purpose of medical malpractice liability is to compensate patients who suffer an injury as a result of medical negligence. However, an effective tort system
More informationUnited States Workers Compensation/Indemnification Overview
United States Workers Compensation/Indemnification Overview January 18, 2012 Jill Kirila jill.kirila@squiresanders.com Kevin Hess kevin.hess@squiresanders.com 36 Offices in 17 Countries Workers Compensation
More informationHOW TO FILE AN ANSWER TO A CIVIL COMPLAINT FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH ACTIONS
SUPERIOR COURT OF STANISLAUS COUNTY SELF HELP CENTER HOW TO FILE AN ANSWER TO A CIVIL COMPLAINT FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH ACTIONS (THIS GUIDE ONLY APPLIES TO LAWSUITS INVOLVING
More informationThe Legal System in the United States
The Legal System in the United States At the conclusion of this chapter, students will be able to: 1. Understand how the legal system works; 2. Explain why laws are necessary; 3. Discuss how cases proceed
More informationKey Lawsuit Reforms & Their Impact
Key Lawsuit Reforms & Their Impact December, 2014 Mike Seney, S.V.P Policy Analysis & Strategic Planning (mseney@okstatechamber.com) Fast Facts Twenty-six major lawsuit reforms from 2009 2014: Most of
More informationWhat Everyone Needs to Know About Elder Abuse 1 Rebecca C. Morgan Stetson University College of Law
What Everyone Needs to Know About Elder Abuse 1 Rebecca C. Morgan Stetson University College of Law I. WHAT IS ELDER ABUSE? A. Although abuse, neglect and exploitation are separate problems with separate
More informationGeorgia Board for Physician Workforce
Board for Physician Workforce Spotlight on National Tort Reform & Reform in the Surrounding States August 2010 Tort reform continues to be a highly debated issue at both the state and national level. In
More information12 May 2014. Professor Barbara McDonald Commissioner Australian Law Reform Commission GPO Box 3708 Sydney NSW 2001. By Email to: info@alrc.gov.
12 May 2014 Geoff Bowyer T 03 9607 9497 F 03 9607 5270 president@liv.asn.au Professor Barbara McDonald Commissioner Australian Law Reform Commission GPO Box 3708 Sydney NSW 2001 By Email to: info@alrc.gov.au
More informationLife Insurance Law Firm Los Angeles
Life Insurance Law Firm Los Angeles James T. Hudson is a California civil trial lawyer, specializing in insurance disputes. Mr. Hudson handles virtually all types of insurance claims: for disability income
More informationMost headed enough to take notes are seriously injured, it s
7 DEADLY SINS TO AVOID IN YOUR ACCIDENT CASE 1. Providing Statements - at the scene of the accident or insurance adjusters soon after. You are under no obligation to make a statement to the police or to
More informationFairfax Motor Vehicle Accident Attorneys
Washington DC Personal Injury Attorney Personal Injury Attorneys Virginia Car Accident Lawyer Serving Washington, D.C., Virginia and Maryland Have you or a loved one been seriously injured by the negligent
More informationThe Ultimate Guide to Winning Your Personal Injury Case Table of Contents
Table of Contents Introduction 3 Why Not Settle With the Insurance Companies 4 What to do First 7 Hiring a Personal Injury Lawyer 11 How Much is My Claim Worth? 14 What if I have a Pre-Existing Condition?
More informationIMPROVING SETTLEMENT SAVVY. Kathy Perkins Kathy Perkins LLC, Workplace Law & Mediation www.kathy-perkins.com
IMPROVING SETTLEMENT SAVVY Kathy Perkins Kathy Perkins LLC, Workplace Law & Mediation www.kathy-perkins.com In these difficult economic times, parties may be looking to reduce litigation costs and risk
More informationTrying a Labor Law Case with a Sole Proximate Cause Defense
Trying a Labor Law Case with a Sole Proximate Cause Defense By Ben Rubinowitz and Evan Torgan Although Labor Law Section 240 was designed to protect workers, making owners and general contractors strictly
More informationWHY IS STANDING OFTEN AN ISSUE IN ELDER FINANCIAL ABUSE ACTIONS?
Does Your Elder Have Standing? Steven Riess, J.D., LL.M. Who is the proper plaintiff in an elder financial abuse action? The answer to this question can sometimes be substantially more complex than first
More informationTrying a Wrongful Death Case: Voir Dire as a Bridge to Summation
Trying a Wrongful Death Case: Voir Dire as a Bridge to Summation By: Ben Rubinowitz and Evan Torgan Damages in a wrongful death case are fraught with complex issues and legal challenges. While it is easy
More informationThe Consumer s Guide to Firing Your Virginia Lawyer
Firing Y o u r L a w y e r The Consumer s Guide to Firing Your Virginia Lawyer (If you really think it s a good idea... and usually it s NO T! ) by Ben Glass The Consumer s Guide to Firing Your Virginia
More informationEARLY CARE & EDUCATION LAW UNIT WHAT YOU NEED TO KNOW ABOUT SMALL CLAIMS COURT
EARLY CARE & EDUCATION LAW UNIT Publication Date: November 2013 WHAT YOU NEED TO KNOW ABOUT SMALL CLAIMS COURT In the operation of your child care business you may encounter problems which force you to
More informationIf You Own a Home With an Aspen-brand Series BB Evaporator Coil Unit as Part of Your Air Conditioning System
DISTRICT COURT CLARK COUNTY, NEVADA If You Own a Home With an Aspen-brand Series BB Evaporator Coil Unit as Part of Your Air Conditioning System You Could Be Included in a Class Action Lawsuit. A district
More informationSUBMISSION OF THE LAW SOCIETY S WORKING PARTY TO THE LEGCO LEGAL AFFAIRS PANEL REGARDING THE OPERATIONS OF RECOVERY AGENTS IN HONG KONG
LC Paper No. CB(2)517/05-06(01) SUBMISSION OF THE LAW SOCIETY S WORKING PARTY TO THE LEGCO LEGAL AFFAIRS PANEL REGARDING THE OPERATIONS OF RECOVERY AGENTS IN HONG KONG 1. This is a submission of the Recovery
More informationProposals to allow more wrongful death lawsuits would increase the legal liability of taxpayers
Proposals to allow more wrongful death lawsuits would increase the legal liability of taxpayers by Brandon Houskeeper Policy Analyst February 2008 Introduction The doctrine of sovereign immunity, rooted
More informationInjury Law Attorney Clearwater - New Port Richey - Tampa Bay
Injury Law Attorney Clearwater - New Port Richey - Tampa Bay You need an aggressive injury lawyer to fight for your rights WHAT IS INJURY LAW? Injury Law is what an injury attorney would refer to as Tort
More informationVicarious liability of a charity or its trustees
1 of 7 Guidance Vicarious liability of a charity or its trustees Contents In general, for what are trustees liable? Liability for the actions or omissions of others What does the law cover in this area?
More informationPersonal Injury Cases in California
Personal Injury Cases in California What is a Personal Injury Case? A personal injury or catastrophic injury case occurs when a person has suffered some form of severe physical or psychological injury
More informationAutomobile Negligence Lawsuits
SOG/DGL, CH, JB Page 1 of 6 Automobile Negligence Lawsuits Who Is Sued? Driver the driver is the person whose negligence gives rise to the liability. The person suing must prove that the driver negligently
More information