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What Is Tort Law?

What Is Tort Law?Like a lot of legal terms, the word “tort” comes from Latin. The original word was “tortum,” which means “wrong” or “injustice.” It can also mean “injury,” which is why today this area of law is often called “personal injury law” instead. However, while the name may be new, the basis of tort law goes back centuries.
Civil Law And Personal Injuries
The biggest division in the American legal system is between criminal law and civil law. When you break a criminal law, the government prosecutes you and decides if you deserve prison time or a fine. If you disagree with this, you can take your case to trial and have a jury decide your fate. When you break a civil law, it’s usually up to the person or business you wrong to demand that you stop or you compensate them for what you did. Civil law covers several areas like immigration law, trademark law, contract law, and patent law.

Tort or personal injury law is one of those areas. The idea is that if someone is responsible for injuring you, damaging your property, or killing a close relative, then you have... full post

What Do I Do If A Tractor Trailer Hit Me?

What Do I Do If A Tractor Trailer Hit Me?When you look at the difference in the sizes between tractor-trailers and passenger vehicles you can see how a collision can cause some serious damage to the passenger vehicle. While commercial trucks are often responsible, the tractor trailer driver is not automatically at fault for the accident. Usually the court and the insurance company will look at the entire circumstances before determining who is at fault.
How Is Fault Determined In A Tractor Trailer Accident
When a tractor trailer is involved in a serious accident there are common issues that could result in the driver being at fault, such as:

● Asleep being the wheel
● Driving under the influence
● Driver failed to check blind spots
● Driver did not use mirrors to look out for cars
● Driver was inexperienced.
● Improper training

In any of these cases, the driver will be liable for the damages caused by the accident.
The Accident May Not Be The Driver’s Fault
One of the largest contributors towards tractor trailer accidents is equipment failure. The driver are responsible for checking their vehicles and making sure everything is in working order. Trucks that are overloaded, cargo... full post

Was Your Accident The Result Of A Recall?

Was Your Accident The Result Of A Recall?While most of us do not think we will have an accident when we get into the car, they do happen. So what if you or a loved one was in an accident and it was caused or made worse due to a defective part or vehicle malfunction? What are your legal options?
Can I File A Product Liability Lawsuit?
Last year, 29.3 million vehicles were recalled. While driver error is the primary cause of auto accidents, there are however times when an automotive defect either caused the accident or contributed to the injuries you sustained. In cases such as these, you have the right to file a product liability lawsuit against the car manufacturer, for the defective part that caused you to be injured.
Seven Common Car Defects That Can Cause Injuries
Hopefully you will get notified of a recall and fix the defects before any harm comes to you but realistically it does not happen consistently. In a product liability suit you claim the car was defective, you used it as intended but as a result of the defect you were injured and suffered damages. Some more... full post

Brian O Sutter
posted by Brian O. Sutter , in:

Stay Safe On The Road This Holiday Season

Stay Safe On The Road This Holiday SeasonPeople travel more during the holidays. Some travel to visit their relatives, some are escaping the cold weather in northern states, and some just want to enjoy the vacation they get at the end of the year. Whatever the reasoning is, holiday travel puts a lot of extra vehicles on the road and leads to a higher rate of traffic accidents and injuries. No one wants their vacation cut short by a road collision, so do your part to keep the roads safe and follow these tips.

Check The Traffic Reports

Checking traffic levels is much easier today than it ever was before. The map apps that come on smartphones can provide live traffic updates, and they can automatically suggest alternate routes that will take you around traffic jams and slowdowns. Many cars also come with traffic updates for their on-board navigation systems. During the holiday season you may want to use these apps to avoid traffic even if the alternate routes would be slower, because you’re more likely to experience an accident when a lot of cars are packed together than... full post

Premises Liability As A Commercial Building Owner

Premises Liability As A Commercial Building OwnerThe basic idea of premises liability is that if you are responsible for an area like a building, a park, a construction site, or a home, then you have a duty to keep that area safe for guests, employees, residents, and anyone else who has a lawful reason to be on the property. If the premises are unsafe for some reason and someone is hurt because of that, then you may be responsible for compensating their injuries even if you didn’t do anything to cause direct harm.

The issue of responsibility gets complicated when the person or business that owns the land and the building are different from the person or building who uses it. This is especially true when it comes to commercial property since businesses are at every level of ownership. If you own commercial property you probably won’t be held responsible for every safety decision (or lack of decisions) the renting business makes, but just like a residential property owner you have certain responsibilities to your tenants that you can’t afford to neglect.
Building Upkeep
As the building’s owner, it’s your responsibility to keep the building... full post

Lawsuit Settlements Are A Good Thing

Lawsuit Settlements Are A Good ThingWhen most people think about lawsuits, they probably think of all the courtroom dramas on TV and in films where lawyers cleverly maneuver around each other, discover key pieces of evidence in the middle of a trial, and trick witnesses into confessing on the stand. Moments like these make for great stories with plenty of drama, but what they don’t do is represent how the vast majority of real-life cases go. Most real lawsuits end with a settlement out of court, and that’s almost always a good thing.
Lawsuits Are A Last Resort
In the first place, filing a civil lawsuit represents the fact that the parties on either side have a problem with each other and can’t solve it themselves. For instance, if a person slips on a rainy road and falls into a ditch, her insurance company might not want to cover all the repairs and towing costs she needs to pay to get her vehicle back in shape. They may claim that some of the damage came from wear and tear that she has to cover herself, or else that policy doesn’t cover the kind of... full post

Judgement Proofing And Deep Pockets

Judgement Proofing And Deep PocketsAs a personal injury lawyer, your goal is to give your client the best settlement or trial result you possibly can. Not only is this in your client’s interests since it helps them recover after an accident, it’s also in your interest thanks to the contingency payment plan you’re most likely using. However, the settlement money has to come from somewhere, and individuals often cause more damage than what they can pay for themselves. That’s when personal injury law runs into concepts like “deep pockets” and “judgement proof.”
Judgement Proof
The term “judgement proof” refers to the fact that many people will never be able to pay a judgement in full even if the jury rules against them. For instance, let’s say an unemployed man with no insurance and no license gets drunk one night and crashes his car into someone’s front room. That man committed a crime and damaged a family’s home, and he possibly injured a family member in the process.

The man owes the family compensation for the accident, let’s say $100,000, but he has no insurance policy that could cover the damage and his net worth is... full post

How Do I Sue For Wrongful Death?

Survival Action & Wrongful DeathWhen a family member dies as a result of recklessness or negligence of someone or something it is considered a wrongful death. Family members such as parents, spouses and children of the deceased can seek a wrongful death claim or lawsuit to be compensated for the financial damages and emotional toll. In order to be successful in a wrongful death claim you must be able to prove four key points: negligence, breach of duty, causation and damages.
Proving A Wrongful Death Case
To prove a wrongful death claim or lawsuit, the surviving family members of the deceased must prove each one of these key points to be successful and get financially compensated. These points are as follows:

• Negligence: The attorney of the surviving members must be able to prove the death of their loved one was totally or partially caused by the defendant due to carelessness, recklessness, or negligence.

• Breach Of Duty: The next step for the family members (plaintiffs) is to prove that the defendant owed a duty to the victim. An example is that as an auto driver we have a duty to drive the posted speed... full post