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Showing 1 to 25 of 54 Articles matching 'tort' in related articles.

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1. State laws for auto insurance August 21, 2008 Auto insurance is governed by the state laws. The state laws have mandated certain auto coverage to ensure safety of the community. Hence, if you want to continue with the privilege of driving in your hometown, you should learn the state auto insurance laws by heart. The auto insurance laws of America vary widely, but still can be categorized as the following, The tort state: Tort defines the injuries that are eligible to receive compensation under the law. In a tort state, one party is identified as the responsible party for the accident and is liable to compensate the suffere... (read more) Author: Evan T Smith

2. Pursuing Claims in Encino with the Help of Personal Injury Lawyers July 11, 2008 Accidents happen anywhere when you least expect it. In most cases, accidents often result in injuries or worst, lead to serious cases such as spinal cord injury, brain injury or death. When an accident causes harm or damage to another person through negligence or recklessness, a victim may take legal action against the person or persons responsible for his injuries. A tort is a wrongful act committed by another person against another, which often result in injury. The objective of torts law is to hold the persons responsible for the injuries. The ultimate goal of a personal injury a... (read more) Author: Manuel Salvacion

3. Tort Reform (Part 3): Do Doctors Leave States with Unfriendly Medical Malpractice Environments? June 08, 2008 In the article, "Why Doctors Are Heading for Texas," Wall Street Journal writer Joseph Nixon builds a strong anecdotal case that "Over the past three years, some 7,000 MDs have flooded into Texas" because of "tort reform." The argument is that in 2003 and 2005, Texas enacted a series of reforms of the state's civil justice system to make it harder for people to file a number of different forms of liability cases, including medical malpractice, but also product liability cases. The result, says Nixon, is that doctors and businesses are flocking to Texas, leading to a dramatic increase in the ... (read more) Author: Patricia Woloch

4. Is the media afraid of Christine LaSala and the WTC Insurance Fund? May 29, 2008 A general theme that I’ve tried to make over the last several posts is that not only are Christine LaSala and the WTC Insurance Fund squandering the $1 Billion they were granted by Congress and negligently allowing the health of WTC rescue workers to deteriorate, but also that the media has hardly reported these events. Certainly the inner workings of complex tort litigation isn’t the first thing that people want to read in the morning paper, but with the memories of 9/11 so fresh in the minds of all Americans, but especially New Yorkers, you would think more attention would be paid to the pli... (read more) Author: Irv Irv Kaplan

5. Tort Reform: A Dangerous Catch-Phrase (Part 2): Analyzing Economic Growth May 24, 2008 In promoting tort reform, one of the most consistent arguments put forward by lobbyists and politicians is that the "broken" tort system allows for innumerable "frivolous" lawsuits cost corporations money and in turn costs us in terms of higher prices and slower economic growth. In Part 1, we talked about how the cost to us of lawsuits was less than a tenth of what we paid for corporate profits, not to mention the significant amount of money going to the CEOs of corporations ($ 5.4 billion in the salaries of the Fortune 500 CEOs, or about $10 million per CEO, not including perks, bonuses, s... (read more) Author: Patricia Woloch

6. Tort Reform: A Dangerous Catch-Phrase (Part 1) May 21, 2008 People trying to survive the current economic downturn are looking to economize in every possible way. From car-pooling or (gasp) using public transportation to buying generic groceries and cutting back on luxury goods, people who have lost their job or fear they will lose their job are seeking to save precious dollars. Unfortunately, their attempts to economize run headlong into rising costs in all sectors of the economy, especially health care. Squeezed between shrinking income and costs they cannot cut, people are finally raising a hue and cry about the astronomical price of health care ... (read more) Author: Patricia Woloch

7. Elements of a General Negligence Claim in Los Angeles April 20, 2008 General negligence refers to an individual’s recklessness and lack of caution that causes injuries or damages to another person. General negligence is the most common cause of tort. There are more negligence cases than intentional torts. A negligence claim can be very complex than it may seem. A lawsuit on a case like this in Los Angeles will do best with a legal assistance of a personal injury attorney. There are four primary elements of a general negligence claim – each of which needs to be established with accuracy and determined with preciseness. Each will be discussed at length ... (read more) Author: Jinky Belle Abelardo

8. Slip and Fall: When You Have a Case April 11, 2008 If you listen to critics of the tort system, it sounds as if a person is able to sue for millions of dollars every time he or she slips and falls in a public place, but this is not the case. The law allows people to sue in some circumstances, but in others it protects the property owner from frivolous or unreasonable lawsuits. As much as we would like to, no property owner can immediately take care of every hazard or obstacle on a property. The law takes this into account, and states that there are only some circumstances in which a property owner is responsible for injuries suffered as a... (read more) Author: Patricia Woloch

9. Torts in the City of Los Angeles April 04, 2008 Los Angeles City personal injury lawyers have many practice areas. These include cases on: • Vehicle Accidents • Brain Injury Claim • Wrongful death claim • Premise liability claim • Animal attack • Product liability claim • Slip, trip and fall injuries • General negligence • Medical malpractice • Spinal cord injury • Construction liability There are lots of personal injury claims that may arise from torts. Thee torts may take the form of the following: • Intentional Tort Intentional torts are wrongful acts that are deliberately caused by an individual to another.... (read more) Author: Jinky Belle Abelardo

10. Do We Need Medical Malpractice Tort Reform? March 31, 2008 John McCain’s proposed policy on health care includes the following goal: “Pass tort reform to eliminate frivolous lawsuits and excessive damage awards.” However, the question remains: just how many “frivolous” lawsuits are there, really? And do these frivolous lawsuits actually threaten doctors and lead to an increase in the cost of medical care? According to a Harvard study, only one out of every eight patients with a verifiable claim of medical malpractice actually filed suit. This and subsequent studies showed that between 3.7 and 17.7 % of all patients experience complications cause... (read more) Author: Patricia Woloch

11. The Twist and Turns of Personal Injury March 07, 2008 The tort law, which covers personal injury, can be so vast for an ordinary individual to completely understand and interpret. It may confuse you why there are so many cases that fall under personal injury. And why is it even called such? First, you must know that personal injury involves any damage done by another to a person, his private property, rights and/or reputation. This is not merely physical injuries but also includes all emotional, psychological and financial damages incurred by a victim, or the surviving loved ones of a victim. Since the definition itself of personal inju... (read more) Author: Jinky Belle Abelardo

12. Investor Political Priorities - A Survey March 05, 2008 Here we are, in the midst of a presidential campaign, trying to select a new leader for what is still the most economically powerful nation on Earth. The candidates are kissing all the babies they can get their palms on and smiling until their cheek muscles ache; but will they be able to produce any of the changes they talk about? Do we really want them to? 90% of all Americans are investors and, as such, there are issues that we need to hear about from the man who would be king. None of our could-be leaders are addressing the issues that would allow us to achieve our financial goals. Wh... (read more) Author: Steve Selengut

13. The Need of Finding the Best LA Trial Attorneys February 21, 2008 Winning a court battle in Los Angeles does not only depend on whether a case is good or bad. It also requires hard work from brilliant and experienced LA trial attorneys. Trial attorneys are licensed practitioner of Law who are employed either by parties to a dispute to prepare and present a case for them. They represent people who are legally wronged or who have caused damage or injury to others. They are sometimes referred to as “tort or plaintiff attorneys.” Los Angeles is a home to many lawyers whose expertise is abundant and knowledge undisputed on different areas of Law such as... (read more) Author: Jean Kuda

14. How Los Angeles Vehicle Accident Attorneys Respond to Clients' Common Questions February 18, 2008 Do I have to stop after a vehicle accident? Certainly, as the Tort Law in California, you may be held liable for hit and run if you will not stop. Depending on the extent of harm and damages incurred, you may be fined and/or imprisoned along with the cancellation of your driver’s license. This is, even if you have not committed any fault or traffic violation that caused the accident. Henceforth, you should have a dialogue between the other parties and exchange some vital information. These include your: • Names • Driver’s license number • Vehicle identification number ... (read more) Author: Rainier Policarpio

15. Contracts Illegal on the Grounds of Public Policy February 18, 2008 Certain types of contract which subvert the common good have traditionally been held to be illegal under UK law. Some of these contracts clearly go against the concept of public policy, some offend morality and others are deemed socially inexpedient. Those illegal contracts are classed as follows: - Contracts to commit a crime, tort or fraud on a third party: An agreement which has as its object, whether direct or indirect, the commission of a crime or tort is illegal and void. Agreements which have the effect of defrauding or deceiving another also fall into this category. - Contrac... (read more) Author: Bob Alexander

16. What Business Solutions do You Need When Considering Online Incorporation? February 15, 2008 The decision to incorporate a business is a smart one, and not difficult to do. Business incorporation confers many legal protections and tax advantages that are simply not available to a sole proprietor. When incorporating online, consider how doing so provides solutions to problems and issues commonly faced by small businesses; when you incorporate a business, you'll find such solutions much more accessible. Liability In today's hyper-litigious society, this one is a major issue. Despite attempts at tort reform, anyone in the U.S. can sue almost anyone else for anything, and is the... (read more) Author: Wayne Hemrick

17. Understanding Personal Injury Claims February 11, 2008 Injured within another person’s premises? Suffered damages in a car accident? Lost a loved one in a wrongful death? Offended by another person with an act of slander? Then you are entitled to a personal injury claim. Personal injury is a wrongful act of a person which caused injuries or harm to another, even death. A personal injury claim can be filed by any person who suffered damages because of another person’s intentional act, or negligence. Parties may have a valid reason to initiate a legal action against a wrongdoer in the following grounds: • Intentional tort • Unintenti... (read more) Author: Jinky Belle Abelardo

18. The Role of Trial Attorneys January 21, 2008 Trial attorneys are licensed practitioner by the law, employed either by a party to the case or by a country to prepare and present a case. They represent people who have been injured or violated in some way. They are also sometimes called tort or plaintiff lawyers. A tort is an act of causing physical injury, for which the wrongdoer may be sued by the injured party. Legally, torts are civil cases. They are different from criminal cases. The person that initiates the lawsuit is the plaintiff, while the accused party is the defendant. They are the two primary subjects of the trial case. ... (read more) Author: Jinky Belle Abelardo

19. A Better Way To Sell A Structured Settlement-Via Auction January 18, 2008 Structured settlements were introduced in Canada and the United States in the 1970's. They were introduced as an alternative to lump sum payments, common in insurance settlements and lottery winnings. In the decades since, they have also been accepted as legal financial instruments in England and Australia. The aforementioned common law countries have decided to include structured settlements in their statutory tort laws. These four countries handle tort law and the settlement packages a little bit differently, but the general overall definition applies across the board. In a nutshell, a struc... (read more) Author: Clayton Frantz

20. Pursuing a Personal Injury Case with California Attorneys January 14, 2008 Because of the increase of untoward incidents resulting to various personal injuries and deaths in California, it is definitely important for its residents to have at least some basic information on how to handle these occurrences. Primarily, all major personal injury statutes in California are based on the principle of “torts”. A tort then is any action or failure to act accordingly that resulted to harm or affliction to other parties for which the prevailing laws guarantee remedies. Personal injury law encompasses different cases. Among them are: • Inflicting physical and/or e... (read more) Author: Rainier Policarpio

21. Definition And Use Of Tort Law December 26, 2007 Simply put torts are civil laws that recognize personal wrongs which answer to a charge of law as grounds for accountability or lawsuit. These are wrongs that have resulted in personal injury or harm and are grounds for seeking a claim of compensation by the injured party. Some torts are civil crimes which are punishable by imprisonment but the main reason of tort law is to provide a way to be compensated or get relief for damages inflected and to discourage any one else from committing the same harmful violations. The person who was injured may sue for an injunction to halt the damaging condu... (read more) Author: Donald Yates

22. Defining the Types of Personal Injury Torts December 07, 2007 Personal Injury Tort According to the basic principle of the tort law, any person who has either performed a harmful act or failed to exercise an act that leads to the injury of another party should be responsible for the damages he has caused. This would mean that a “tortfeasor” or the party who has committed the tort should compensate his victim’s incurred damages A tort very much differs from a crime. While a tort is considered as a civil wrong done to a person that makes the tortfeasor responsible for suitable legal remedies, a crime is a wrong against the society that can carry a pu... (read more) Author: Rainier Policarpio

23. How Claims Litigation in California Works November 29, 2007 Accident claims in California are litigated under the “tort liability system”. This system governs how pain and suffering claims are going to be resolved. Under the system, a jury decides on the amount of damages to be paid to an accident victim. The litigation jury works together with insurance companies to determine the value of accident damages and based on it, pay the most reasonable amount for settlement. California law categorizes damages into two: economic damages and non-economic damages. Between the two, non-economic damage is more controversial because they are not easy to defin... (read more) Author: Manuel Salvacion

24. California Environmental and Toxic Tort Law November 26, 2007 Environmental and Toxic Tort Law cases in California are often one and the same. In an age when the carelessness of large corporations seems endless and the public has awoken to environmental dangers such as global warming and pollution of groundwater, such cases can not only provide a measure of redress to injured plaintiffs but also assist in the fight against what some entities would do to our planet in the name of profit. Individuals in their homes, at work, in school and during leisure or recreational activities are exposed to toxic chemicals, drugs, and mercury from the places they... (read more) Author: Gibson Sebastian

25. The Stages on Filing a Personal Injury Claim (Part V) October 25, 2007 The overall procedure in bringing a personal injury case in Los Angeles courts involves many other aspects to consider. Thus, it is indeed a wise move to be very particular in selecting your legal defender. An LA Court Attorney should have a notable background in handling tort litigations and have an extensive knowledge about the latest techniques in case resolution. Aside from what are mentioned in the previous parts of this article, these subjects are also important to know about in a personal injury claim: Evidences You should understand that not all documents and information tha... (read more) Author: Rainier Policarpio

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