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Torts
Torts are civil suits that involve physical damage or injury. A common tort is personal injury in an automobile accident.
1,093 Questions
Is a wrongful act can be both and crime and tort?
Yes, a "wrongful act" CAN be both a tort and a criminal act. For example recall the O.J. Simpson case. He was charged with murder - found not guilty, but wound up being successfully prosecuted for "wrongful death."
Special damages are damages that are specific to the injury or wrong committed and are usually capable of calculating mathematically. Essentially, out-of-pocket expenses. These are different from "general damages", which also flow from the injury but are not calculable. If a person is in a car accident and has medical expenses, the special damages will be all the costs of treatment, loss of income or other dollar losses. If the person also has pain and suffering (If?) then general damages will be some amount of money the jury will award based on its own judgment and common sense to compensate the injured person.
"Tort" implies a 'civil' offense. It is a suit for violation of "civil" law as opposed to a violation of "criminal" law.
Unless your employer was guilty of gross negligence, you cannot sue. If you have some paralysis and have life insurance, check with your life insurance company to see if you can draw a partial benefit.
Tort law is the segment of law that addresses cases involving civil wrongs. A tort is simply an injury.
What is a deposistion in a civil case like?
Very much like a court hearing, except there is no judge present. If you are being deposed by the opposing attorney in your case, you have the right to have your own legal counsel present. You are placed under oath and asked questions by both the opposing attorney and your attorney. These questions and answers are either l recorded or taken down by a stenographer, and the deposition can be used later in the subsequent legal action, whatever it may be.
Forms for Federal Tort Claims Act?
Having devoted my legal career to representing Veterans, service members, and their families in cases under the Federal Tort Claims Act it has been my observation that most major errors by non-attorneys occur at the level of creating and presenting the claim. There are numerous pitfalls and it is wise to seek a Federal Tort Claim attorney's assistance.
A claim under the Federal Tort Claims Act should:
1) be in writing;
2) state the name and address of the claimant
3) state the name and address of the offending government agency
4) state the basis of the claim being made in sufficient detail so that the agency may investigate the claim;
5) state a sum certain amount of damages in dollars and cents;
6) be signed and dated by the claimant or someone legally authorized to act on behalf of the claimant with proof of authorization attached to the claim; and
7) be presented to the offending U.S. government agency (i.e. received by the agency) within two years of the date that the claim accrues
The simplest way to do 1-6 above is to use the form the U.S. government provides for this purpose, called a Standard Form 95 often referred to as a Form 95 or SF95. An available Standard Form 95 may be found at form95.com.
IMPORTANT:
A separate form should be sent for EACH claimant. Very frequently, there is more than one claimant even though only one person sustained the actual injury. The reason for this is that even though only one person is actually injured, others persons recognized under the law may have sustained damages as well.
In a severe injury case involving injury to a competent adult, the injured competent adult should file a claim. Also consider filing separate claims on behalf of the spouse, parents, and all natural and adopted children of the injured person.
In a case involving injury to a minor, one or both parents or legal guardian should sign the Form 95 "on behalf of" or as "next friend of" a minor. A legal guardian should attach proof of guardianship to the Form 95. If there is no parent or legal guardian and no time before the expiration of the statute of limitations (two years from the date the claim accrues) to obtain a legal guardian, the next best thing to do is have the next of kin sign "on behalf of" the minor. Often, but not always, the agency will accept proof of guardianship provided at a later date. Unless the circumstances are unusual, in the case of injury to a minor, both parents should file individual claims as well as a separate claim on behalf of the minor signed by one or both parents.
In a death case the estate of the deceased person is a separate claimant and is typically named on the Form 95 as The Estate of __________ , Deceased. Ideally, the Court appointed Administrator of the Estate should sign on behalf of the Estate and attach a copy of the Court Appointment of the Administrator to the Form 95. If there is no Administrator of the Estate and no time before the expiration of the statute of limitations (two years from the date the claim accrues) to obtain an Administrator of the Estate, the next best thing to do is have the next of kin sign "on Behalf of The Estate of __________ , Deceased." Often, but not always, the agency will accept proof that the person signing is Administrator of the Estate provided at a later date. Unless the circumstances are unusual, in a death case, the Administrator on Behalf of The Estate of __________ , Deceased, the spouse, all natural and adopted children, and the parents (in many instances), should each file a separate claim.
In a case involving injury to a non-minor incompetent person, ideally the legal guardian should sign the Form 95 on behalf of the non-minor incompetent person and attach proof of guardianship. If there is no legal guardian and no time before the expiration of the statute of limitations (two years from the date the claim accrues) to obtain a legal guardian, the next best thing to do is have the next of kin sign "on behalf of" the incompetent person. Often, but not always, the agency will accept proof of guardianship provided at a later date. Also consider filing separate claims on behalf of the spouse, parents, and all natural and adopted children of the injured person.
The above does not constitute legal advice and you are strongly urged to seek the services of an attorney experienced in handling cases under the Federal Tort Claims Act.
Parish council vicarious liability?
council has a play area currently closed. Playing Fields Association wish to assume liability, but Council insure.
Does workers compensation cover a death suffered on the job?
Maybe. Workman's Compensation Insurance is controlled by the laws of the state in which you reside. Not all states ofer the same coverage, the majority do have survivor benefits. Check the laws governing WCI in your state. or contact the State Labor Relations board.
The key is whether or not the heart attack was 'arising out of employment/in the course of employment'.
In plainer language, did his work 'cause' the heart attack?
That can be a very tricky one, because there is rarely a heart attack that did not have precipitating heart disease, either caused by OR at least exacerbated by diet, lifestyle, genetics and medical history.
However, dependent on the state, it is quite possible that the WC laws will indicate that coverage may be extended when work duties, or even work environment, exacerbates or accelerates an existing injury or illness.
Is spreading untrue rumors protected under the first amendment?
Not necessarily, past a certain extent it may be construed as disturbing the peace, harassment, sabotage, and even blackmail. None of which is protected under the us constitution as such acts violates, and/or distorts the rights, life and freedoms of the individual(s) the untrue story is spread about. As for media stories, the media is accountable for the stories they cover meaning whenever a media company takes up an untrue story or as often occures manufactures misinformation or half truths that seem valid however are not that damages or supresses the reputation, freedoms, or wellbeing of a living person/entity the media company or personalities that ran the story may be fined, even sued, or imprisoned, much the same is so with online slander and social bullying.
No
Is stealing a criminal case or civil?
theft is generally regarded as a criminal case but if the victim who was stolen from wishes to take action to recover the losses, then it will be a civil case as well
How is the money distributed in a wrongful death suit?
This may vary from state to state because such distributions are governed by statutes of the individual states. A general rule is that wrongful death proceeds are distributed to the spouse and dependents of the decedent not to the decedent's heirs or beneficiaries under a will. The reason for this is that proceeds of a wrongful death action represent the support that the spouse and dependents would have received from the decedent had he not been killed. It is entirely possible under the terms of some wrongful death statutes that emancipated children could receive less than dependent children simply because the emancipated children would not have received any support therefore they did not lose anything. It is vital that the statutes of the state involved be understood, since the process depends strictly on the terms of the statutes and they vary.
What is the statute of limitations for negligence actions in Illinois?
The statute of limitations in Illinois for negligence is two years for personal injuries, 735 ILCS 5/13-202, and five years for property damage, 735 ILCS 5/13-205.
What is a minor dog bite worth in dollars?
There is no definitive answer for such a situation. Personal injury awards are based upon the circumstances of the case presented (medial expenses of the physical injuries incurred, loss of income, pain and suffering.etc.) and the laws of the state in which the case is heard.
A tort is a wrongdoing committed against a person by another. It may be direct or indirect, so a direct tort would involve someone committing a wrongful act directly against another person or people.
What law is a type of law under which most criminal and civil laws fall?
it is the law of tort(s).
Another View: "Tort" refers strictly to CIVIL wrongs - NOT criminal offenses
I believe that the answer the questioner is looking for is STATUTORY law.
The kind of damages a plaintiff can recover if a defendant's actions have been fraudulent, wanton, or outrageous depends on the damages to the plaintiff. If the actions are wanton, the damages tend to be higher than if they are simply fraudulent.
Generally speaking, tort law defines what constitutes a legal injury and establishes the circumstances under which one person may be held liable for another's injury. Torts cover intentional acts and accidents.
What is a definition for Mock Trial?
A "mock trial" is a 'pretend' or a 'make-believe' or a 'practice' exercise sometimes used for training or instructional purposes, and sometimes used to 'prep' attorneys, defendants and witnesses for the real thing. It is conducted in exactly the same fashion that a real trial would be conducted except that there is not a "real" judge.
It is also known as a "moot court" when law schools utilize a mock trial situation when training attorneys for courtroom procedure.
No. A tort is a CIVIL wrong - not a criminal offense.
PETIT LARCENY (Petty Larceny) is the statutory legal description of a criminal offense, and that would be the formal charge in a criminal law case.
However in a civil case for monetary damages it might be addressed, or described somewhat differently (e.g.: wrongful conversion - taking property without right - etc)
It is simple to establish the existence of duty of care, it must be shown that at the time of the incident it was reasonably foreseeable that the defendant's conduct could cause harm to someone in the plaintiff's position.
You initiate a civil suit by filing a Complaint or Petition and asking the clerk to open a new case.
