|
|
| |
||||||||||||||||||||||||||||||||||||
 |
||||||||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||||||||
| ©
Class-Action-Law-suit.com 2002-2006
Class Action Lawsuits Class Action Attorneys and lawyer resources A tort is an injury to someone's person, reputation, or feelings or damage to real property.(1) Under the U.S. system of tort liability, courts can hold injurers liable for many different types of torts, such as those caused by automobile accidents, contract fraud, trespass, medical malpractice, and defective products. The major categories of tort litigation are automobile-related torts (53 percent), premises liability (16 percent), and medical malpractice (15 percent).(2) The plaintiff in a tort suit can seek compensation of two types: compensatory damages to cover the "economic" cost of an injury--for example, medical costs and lost wages--and the "noneconomic" costs of pain and suffering and punitive damages intended to punish a defendant for willful and wanton conduct. (See Box 1 for a list of definitions of some common tort terms.) U.S. tort law is almost exclusively contained in state law, and the large majority of tort cases are filed in state courts. In 2000, more than 700,000 torts were filed in state general courts, compared with only 37,000 in federal courts. Tort law is based primarily on common law--in which judicial rules are developed on a case-by-case basis by trial judges--rather than on legislation. Definitions of Some Common Tort Terms Collateral-source payments: Amounts that a plaintiff recovers from sources other than the defendant, such as the plaintiff's own insurance. Under the collateral-source rule, that compensation from other sources may not be admitted as evidence at trial. Contingent fee: A fee charged by an attorney for his or her services only if the lawsuit is successful or is favorably settled out of court. Usually, the contingent fee is calculated as a percentage of the amount the plaintiff recovers from the defendant. Economic damages: Funds to compensate a plaintiff for the monetary costs of an injury, such as medical bills or loss of income. Joint-and-several liability: Liability in which each liable party is individually responsible for the entire obligation. Under joint-and-several liability, a plaintiff may choose to seek full damages from all, some, or any one of the parties alleged to have committed the injury. In most cases, a defendant who pays damages may seek reimbursement from nonpaying parties. Malpractice: "An instance of negligence or incompetence on the part of a professional."(1) Negligence: A violation of a duty to meet an applicable standard of care. Noneconomic damages: Damages payable for items other than monetary losses, such as pain and suffering. The term technically includes punitive damages, but those are typically discussed separately. Punitive damages: Damages awarded in addition to compensatory (economic and noneconomic) damages to punish a defendant for willful and wanton conduct. Statute of limitations:
A statute specifying the period of time after the occurrence of an injury--or,
in some cases, after the discovery of the injury or of its cause--during
which any suit must be filed. During January and December 2001, juries decided 74% (8,859) of the nearly 12,000 civil trial cases disposed of by State courts of general jurisdiction in the Nation's 75 most populous counties. -- Tort cases (93%) were more likely than
contract cases (43%) or real property cases (27%) to be decided by jury
trial. -- The majority of contract cases (56%)
and real property cases (69%) were disposed by bench trial.
ASBESTOS | BIRTH TRAUMA DEFECT | CANCER | DISABILITY | EAR IMPLANT |ELDER ABUSE HEART VALVE | HIP IMPLANT | KIDNEY DIALYSIS | LIVER DAMAGE | LUNG DISEASE | MEDICAL MALPRACTICE | NURSING HOMES| OBGYN | PLASTIC SURGERY | SILICOSIS | STROKE | TISSUE IMPLANTS | TOXIC CHEMICALS | HOSPITAL | | MISTAKE All information or topics may be possible class actions or simply cases and topics in the investigative stages. * HOT CASES: ARAVA AVANDIA BAYCOL BEXTRA DISABILITY ENBREL EPHEDRA FEN-PHEN LARIAM MERIDIA MEDICAL LAWSUITS NURSNG HOME NEGLIGENCE OXYCONTIN PERMAX PREMPRO REMICADE REZULIN RISPERDAL SERZONE SILICOSIS STADOL STROKE VIOXX WRONGFUL DEATH CLASS ACTION DRUG INDUCED LIVER FAILURE KIDNEY FAILURE WELDING LAWSUIT ZYPREXA DIABETES LIVER ENZYMES EPHEDRA STROKEMAKE COMPLAINT AND CONTACT NOW! << Class Action Lawsuit >><< Class Action Lawyer >><< Class Action Attorney >>Class action law suits are many times in the investigative stages of a lawsuit. Courts and lawyers must make a determination if a class action law suit can be certified. If your type of potential class action lawsuit case is still in the investigative stages, your complaint may be held and your may be contacted when your lawsuit is allowed by the courts. We encourage all persons to seek expert or board certified counsel. There are many new laws regarding lawsuits and class action lawsuits that have been presented by states and congress. When you submit your class action lawsuit complaint, it may be reviewed. If you have a quality class action lawsuit case, you may be contacted to explain your rights. This site offers no legal advice. |
