A "tort" may generally be defined as an act deemed wrongful enough that one who suffers injury from it may bring a lawsuit to recover damages. Many torts have their origin in "common law," which is the body of legal, historical principles and results from actual court cases, often historically ... More

 In general, people are not liable for the actions of others. There are, however, exceptions to this rule. One long-standing exception is the doctrine of "respondeat superior," a Latin term meaning "let the master answer." Historically, the doctrine allowed recovery from a master/employer for injuries caused by a servant/employee. One ... More

A "class action" is a lawsuit brought by a representative plaintiff on behalf of a class of persons with similar claims. The class and the lawsuit must be certified by a judge as appropriate for class action treatment. If the case is certified, the lawsuit may proceed to resolve issues ... More

Depending on the jurisdiction, spouses, children, and parents may be able to recover for a "loss of consortium" in personal injury and wrongful death actions.  Some states have extended the availability of loss of consortium damages to other parties, including grandparents and non-married cohabitants.  Note, however, that the status of ... More

Over the years, intra-family immunity from lawsuits against other family members developed; "parental immunity" and "spousal immunity." Some have suggested that these immunities were part of a body of rules that historically limited tort recoveries in general. At one time, there was even a certain stigma to bringing a lawsuit ... More

"Common law" is a body of legal principles, early laws and court decisions, mostly inherited from England. Common law defined and explained various traditional civil wrongs (called "torts") for which injured persons could sue to recover damages and other remedies. One such tort is "intentional infliction of emotional distress" (IIED), ... More

In order to bring a successful medical malpractice claim, the injured party must show that the treating health care professional departed from accepted standards of practice and that such actions or failure to act caused the patient's injury or death. As medical practice standards are set by members of the ... More

 A person injured by a wrongful act (or "tort") of another may be able to bring an action to recover damages. If the person dies, these claims may survive and often can be pursued by the representative, or "administrator," of the decedent's estate. In addition, however, the decedent's heirs and ... More

Although the public tends to trust the integrity of a product and the company that produces it, not all products are made safely and injury can result from products that are improperly designed, manufactured or distributed. In order to recover damages for injuries sustained as a result of faulty consumer ... More

To prove that someone else's negligence caused the harm complained of in a personal injury lawsuit, the injured party must prove all three of the following:The person had a legal duty in relation to the injured party, e.g., the duty owed to a consumer by manufacturers and distributorsThe person breached ... More

A person injured in an accident caused by the negligence or fault of another may eventually be able to recover damages from the person at fault. However, accident injuries usually require immediate treatment. If the injured party lacks medical insurance and the resources to pay for such treatment, a "medical ... More

A mass disaster is an unexpected event of sizeable magnitude that causes an extensive number of injuries and deaths, and could likely include widespread property damage. Examples include commercial airline crashes, train derailments, floods, earthquakes, wildfires, hotel fires, explosions, and toxic spills. In the event of a mass disaster, the legal rights ... More

Commencing with passage of the Federal Tort Claims Act in 1946 (FTCA), the U.S. government allows itself, in limited circumstances, to be sued for damages caused by government employee conduct. Generally, individuals may recover damages due to injuries caused by U.S. government employees who were acting within the ... More

There are numerous legal situations in which a person may receive a large sum of money through a court award or settlement.  Often arising as compensation for personal injuries or other acts, most such payouts are reduced due to some or all of the following costs often associated with legal ... More

General partnerships are legally recognized entities, with a separate identity and existence. Creation, regulation, and characteristics are commonly defined and controlled by state law and may vary. However, despite such variations, many states have adopted common provisions of the Uniform Partnership Act (UPA). Unlike entities ... More

Product or products liability is the area of personal injury law concerning liability for injuries caused by "defective" products. "Defective" products include products that are "unreasonably dangerous" for their intended uses.                   The Principles and Reach of Product Liability LawsMany of the general principles of law followed by U.S. courts ... More

Relatively recently, courts have begun awarding damages in certain cases for "loss of enjoyment of life," also called "hedonic damages," named for the ancient Greek school of philosophy called "Hedonists" who believed that life should focus on the pursuit of pleasure. The concept of a person being compensated for "loss ... More

"Product liability" is the area of the law enabling recovery for those injured by defective products. Some commentators suggest it reflects a balance between the benefits that society as a whole reaps from technological developments versus harm to consumers when the products are defective and cause injury. Product liability is ... More

Many people enter into a "structured settlement" as a result of recovery on a legal claim, such as personal injury, medical malpractice, or workers' compensation.  A "structured settlement" takes a lump-sum award and turns it into a series of payments that may last for a specified period of time.  This ... More

A class action suit is a claim brought by one or more individuals on behalf of themselves and others with similar claims. There are several types of cases appropriate for a class action lawsuit including: A mass accident - usually a single event such as an airplane crash Widespread personal ... More

Upon termination of a marriage by divorce, one of the most difficult problems is often division of the couple's real and personal property. Although there are considerable differences in the way states treat property acquired by spouses while married, there are two common types of distribution schemes. Community Property v. ... More

Once a lawsuit is filed to recover damages for a personal injury, breach of contract, or other cause of action, the case will usually proceed through several phases. The first phase of a lawsuit usually entails the preparation and filing of a "complaint," which basically sets forth the plaintiff's reason ... More

Many principles applied by U.S. courts originate from "common law," a collection of legal principles mostly derived from decisions in actual cases, including historical cases in England. At common law, however, only the person(s) who purchased a product could sue if they were injured through the use of the product.However ... More

A person injured in an accident caused by the negligence or fault of another may eventually be able to recover damages from the person at fault. However, accident injuries usually require immediate treatment. If the injured party lacks medical insurance and the resources to pay for such treatment, a "medical ... More

Many people embark on a lawsuit without taking into consideration all possible consequences. Litigation can be very costly and not all the costs are obvious. Most expect the costs of hiring an attorney and make payment arrangements, usually payable based on an hourly fee schedule or on a "contingency" basis ... More

Many people enter into a "structured settlement" as a result of recovery on a legal claim, such as personal injury, medical malpractice, or workers' compensation. A "structured settlement" takes a lump-sum award and turns it into a series of payments that may last for a specified period of time. ... More

Have you been injured as a result of an auto accident, slip and fall, or medical malpractice? Do you feel you will not be able to afford an attorney to make sure that you are adequately compensated for your injuries?Contingency FeesMost attorneys are willing to work out a financial arrangement ... More

For example, plaintiffs injured in auto accidents may be compensated by their own health or auto insurance carrier, receive government benefits, or be given money by relatives or an employer, to assist with any resulting financial crisis, but these amounts do not reduce the damage award against the defendant. ... More