Negligence and Malpractice Laws

Damages will be awarded based on the amount or percentage at fault. For example if the damage is $500 and the other party is 60% at fault he or she will have to pay $300 to the other driver. Insurance companies will usually provide coverage for "mini-tort" as an optional coverage called limited property damage liability or the other party can elect to pay out-of-pocket.

a) if the other insurance company is not listed then you will need to contact the other party to either verify their insurance information or
b) take them to small claims court. If the other party was driving without insurance then they will be liable for the full amount of damages to your car.

The main focus a Boston personal injury lawyer has is to determine whether or not a person claim falls under the Tort law. Was the action on the part of the accused person, company or agency actually tortuous? A tortuous act does not have to be and act that was done on purpose. It could also be an act that was done accidentally. This could be due to the negligence of an individual, company or agency. Medical mistakes very well fall into this group of mishaps. In most cases, medical mistakes do happen accidentally such as prescription errors and misdiagnosis of an illnesses.

The President's speech to the AMA highlighted one of the central debates in the Obama administration's struggle to push health care reform: Will the reform also include tort reform, and if so, in what capacity?

The common law governs the relationship between employer and employees in terms of tort and contract duties. These rules are a part of agency law and the relationship between Principle (employer) and Agent (employee). In some instances, but not all, this law has been replaced by statutory enactments, principally on the Federal level. The balance and working relationship between employer and employee is greatly affected by government regulations. The terms of employment between management and the employee is regulated by federal statute designed to promote employer management and welfare of the employee. Federal law also controls and prohibits discrimination in employment based upon race, sex, religion, age, handicap or national origin. In addition, Congress has also mandated that employers provide their employees a safe and healthy environment to work in. All states have adopted Worker's Compensation Acts that provide compensation to employees that have been injured during the course of their duties for the employer.

Worker's Compensation: Most actions by injured employees against an employer are due to failure of the employer to use reasonable care under the circumstances for the safety of the employee. In such actions the employer has several well-established defenses available to him. They include defenses of the fellow servant rule. This rule does not make an employer liable for injuries sustained by an employee caused by the negligence of a fellow employee. If an employer establishes that the negligence of an employee contributed to the injury he sustained in the course of his employment, in many jurisdictions the employee cannot recover damages from the employer.

tort is generally defined as a civil wrong (often resulting from an injury or harm done to a person), which a court recognizes by law as worthy of a lawsuit. Torts are sometimes referred to as personal injury lawsuits. Torts do not include a breach of contract, however. The main purpose of torts is to provide compensation or monetary relief for whatever damages a victim may have incurred, through either the intentional or the negligent conduct of another. Another aim of torts is to deter others from potentially committing similar crimes, or behaviors that may result in similar outcomes. Some lawsuits may seek to prevent the behaviors that led to the lawsuit, while others seek only monetary damages.

Torts come in several general varieties, including intentional, strict liability, products, and negligent, with negligent torts being the most common.

This has been a quick rundown of torts. Obviously, for someone with aspirations of being a lawyer, there is much more to know. But it is also a good idea for common citizens to have an understanding of what tort law is and how it protects them.