Essential Personal Injury Facts

Different lawyers in every state are practising personal injury law. These cases are not always easy to prove, but an experienced lawyer could be able to establish negligence if an employee didn’t use reasonable care. You need a legal specialist who practices the personal injury law to help you determine what form of compensation you will be able to anticipate for your own claim.

A car accident lawyer is just a useful resource you can have because they have the essential skills and experience that enables you to increase your settlement. For the injured driver who does not have legal representation, talking with these experienced lawyers infrequently goes well.

personal injury
X-ray scan of a back injury.

For those who’ve ever become victims of a car accident, you are well aware of how traumatic the event can be. Lastly, when considering a potential lawyer, you’d like to be certain the attorney has been successful in the past and present. Typically in an accident, claims should be filed in within thirty days from misfortune’s date to be able to get the full compensation. Normally, it is not sufficient to easily prove the defendant’s liability.

Typically in an accident, claims should be filed in within thirty days from misfortune’s date to be able to get the full compensation. Normally, it is not sufficient to easily prove the defendant’s liability.

Managing attorneys who deal with car accidents is just like herding cats. The majority of lawyers decide to remain in a single field of the law to acquire the experience and knowledge vital to delivering the full quality legal representation to the clients. It’s recommended to ensure that your attorney has the support of an excellent photographer who can authenticate your injuries in its many stages. Payments may be made via a settlement arrangement or a verdict by the trial jury.

It’s recommended to ensure that your attorney has the support of an excellent photographer who can authenticate your injuries in its many stages. Payments may be made via a settlement arrangement or a verdict by the trial jury. Also remember that a personal injury law firm does not just represent those who’ve been in a car accident.

Depending on the intent or carelessness of the responsible party, the injured party could be entitled to financial compensation or reward with that party via a settlement or perhaps a judgment. These fee arrangements are frequently combined. If as a result, you have gained weight, then note to document this change with a before and after photograph. Don’t be in a rush to settle a case. Attempt to create your claim on longstanding goals along with the reward that you are seeking.

These fee arrangements are frequently combined. If as a result, you have gained weight, then note to document this change with a before and after photograph. Don’t be in a rush to settle a case. Attempt to create your claim on longstanding goals along with the reward that you are seeking.

If you have suffered an injury due to an accident, you may be allowed to collect economic recovery from the person who is responsible. Before tackling anything else, let us first discuss “Economic Recovery,” which is defined by a Who Can I Sue article entitled What is Economic Recovery?.

Economic recovery is a wide array of damages that you may be entitled to if you suffered an injury or were harmed in an accident or a defective product. A few of the damages that you or a loved one may be entitled to under the laws of your state can include disfigurement, future medical expenses, household services, loss of consortium, loss of consortium of a child, loss of enjoyment of life, loss of society and companionship, lost earning capacity, lost wages, medical expenses, medical surveillance, mental anguish, pain and suffering, permanent disability, present cash value, general damages, and special damages.

To be more specific, Economic Recovery for Accidents and Injuries by FindLaw created a glossary that defines nearly every form of legal compensation offered to a plaintiff in a personal injury claim. Below are a few.


When an accident or injury has left a person deformed or disfigured, e.g., by scars or other permanent effects on personal appearance, the injured person (the “plaintiff”) may be able to collect damages for any mental suffering that arises due to awareness of the disfigurement. These damages are sometimes included as an element of other types of damages, such as mental anguish.

Future Medical Expenses

This type of recovery is permitted if the plaintiff proves that he or she will need continued medical care as a result of the accident or injury. The proof must be sufficient for the jury to make an approximate estimate of the cost, i.e. through the medical opinion of a treating doctor.

Household Services

The cost of hiring somebody to do things around the house while the plaintiff is recuperating from an accident or injury, provided that the expense would not have been incurred had the plaintiff not been injured. These kinds of damages are sometimes included as part of medical expenses.

car accident injury
Head injury caused by car accident.

Medical Malpractice Law

Even a minor pain can disappoint your entire day, so a severe injury can easily change your whole life. The next necessary factor is the plaintiff needs to show that the medical staff’s action is a direct reason for the injury. Seemingly, if the victim is not treated because the doctor did not identify the illness, it might cause death or injury.

In the event the plaintiff’s injury is permanent, such as illnesses like paralysis or cerebral palsy, the costs could be enormous and undoubtedly will continue for a lifetime. The action that caused the injury could perhaps be accidental or intentional. The compensation sum will indeed be determined by the degree or extent of the injury.

Medical malpractice claims should be filed within a particular period. Medical malpractice lawsuits make it possible for victims to have the chance to gather financial damages and losses. Generally, a person may have a malpractice claim once a doctor or another medical staff failed to present appropriate treatment and such treatment caused the patient to undergo an injury.

A jury trial is typically chosen as the proper way of settling claims on medical negligence, with the goal to guarantee impartiality within the trial results. The trial must be held where the cause of action took place, or where the negligence occurred. All civil reasons for actions such as a breach of contract, car incident claims, or product defect claims, should be submitted within a particular period.

Financial Recovery for Injuries and Accidents by Hogan Injury also provides further definitions on the type of legal compensation you can collect if you’re injured in an accident. Below are a couple of info.

General Damages

General damages are awarded in respect to damages due to wrongful conduct given that these damages are “presumed to flow” from the accident or injury, and include pecuniary losses such as loss of future earnings.  Non-pecuniary losses, such as damages for pain and suffering incurred before and after the trial, may also be included.

Present Cash Value

Present cash value is the current value of your projected future earnings. It refers to the amount that you would have earned as returns over a period of time. The returns are generally calculated as being equivalent to the amount you would have earned had you not been injured.

If want to go more into details, you may consult with your lawyer and get expert advice.


An Unique Case of Defective Products – Talcum Power

Does Talcum Powder Cause Cancer?

Talcum powder or baby powder holds a yearning place in nearly all our hearts. The fine, white snow frequently conjures up childhood memories, love, and safety.

However, is this superficially harmless powder a hazardous consumer product in particular cases?

While the white powder has been a representation of cleanliness and freshness for years, the baby powder’s connection to cancer has become a lot more prominent recently.

More than 1,400 baby powder ovarian cancer cases have been filed against the main talcum powder manufacturer known as Johnson & Johnson, for allegedly bringing about ovarian cancer and without warning consumers of the risks.

If you are wondering, “does baby powder cause cancer,” then you have come to the exact place.

Defective Products
Commercial Talcum Powder products

The Link between Baby Powder and Ovarian Cancer

Talcum powder is a product made from processing magnesium silicate, simply called “talc.” Baby powder has been existing since 1894 when the company, Johnson & Johnson, first presented it to consumers.

However, apprehensions about its safety appeared in the 1970s when researchers conducted an ovarian tumor study and discovered talc particles rooted in them. Ever since a rising number of research have discovered a possible connection between talc and cancer.

The medical study of such case is still deemed as “inconclusive.” Research of personal talcum powder use has had mixed results, though there are several suggestions of a high risk of ovarian cancer by organizations like the International Agency for Research on Cancer, who have categorized the genital use of such powder as “possibly carcinogenic.”

Defective Products
Man apply baby (talcum) powder to himself.

Things You Must Know About Talcum Powder

There is quite a few important stuff to know about talcum powder use:

  • The American Cancer Society states that the connection between baby powder and ovarian cancer is unclear.
  • The particular concern about talc has something to do with how it gets into the ovaries of a woman. The suggestion is that talc through talcum powder can travel via the fallopian tubes, into the reproductive tract, and then implant itself into the ovaries.
  • African American women who stated they use baby powder have an increased rate of ovarian cancer. Johnson & Johnson, starting in the 1990s, specifically targeted these women in its promotion strategy. This was exposed via an internal company document in the recent cases.
  • Johnson & Johnson still denies the allegations of baby powder as carcinogenic, disagreeing that there is no sufficient statistical data to show a link to any cancer.
  • Johnson & Johnson isn’t t required to place a warning label on their product because it is deemed as a “cosmetic product” by the FDA and so is not regulated. Johnson & Johnson does put a limited warning label on the bottles, warning consumers that their product is for “external use only” as well as to keep it away from the face to prevent inhalation.

Seeking out Medical Attention

If you’re concerned about utilizing talcum powder, think about discontinuing or avoiding its use until more info becomes available. If you or somebody you know is suffering any reproductive health issues related to baby powder, get medical attention instantly.

Get a Claim Evaluation by an Attorney

Receiving an ovarian cancer diagnosis is devastating. If you have used the Johnson & Johnson talcum powder and are worried about whether it positively caused your illness, get in touch with a skilled lawyer for a claim evaluation.

A product liability lawyer with knowledge and experience of talcum powder cases can aid you to protect your rights and seek reward for your pain and suffering, medical bills, and more.

Talcum powder or baby powder products have already been proven in numerous cases as detrimental to both pregnant mothers and their babies. Lawsuits against baby power manufacturers allege that the longstanding use of such products caused them to develop a type of cancer and that they weren’t warned enough of the product’s associated risks.

Defective Products law
Talcum Powder

Affected women, as well as their families, could seek compensation for the injuries they acquire with the assistance of an attorney.

But before discussing anything else, let us talk about the definition of talcum powder first. The article Talcum Powder Cancer Lawsuit by Attorney Group provides the definition below.

“Talcum powder, also known as baby powder or body powder, is a cosmetic product produced and distributed under various brand names by Johnson & Johnson, its subsidiaries, and other companies.

Talc is a mineral comprised primarily of magnesium, silicon, and oxygen. When ground into powder, talc can absorb moisture and reduce friction.  Talcum powder is widely used to help keep skin dry and prevent rashes.

While baby powder is commonly used to prevent or treat rashes, many women also use talc powder for feminine hygiene. Many talcum-based products are also marketed as “Body Powder,” such as Shower-to-Shower and other brand names.

When talcum powder was first sold in consumer products, it contained asbestos, which is a known carcinogen. Baby powder products that contain asbestos are no longer sold, although it has been alleged that talc itself can cause ovarian cancer.”

The article entitled Talcum Powder Product Liability Cases by talks about Talcum Powder Lawsuits in general. Below is excerpt.

“Risks of Cancer and other Health Conditions

Talcum powder has been successfully proven to be detrimental to a person’s health through the inhalation of the powder by the mouth or nose. Asthma may worsen when inhaling this product and cause a person to continue having difficulties even when taking medication. Other respiratory problems may occur when a baby has been exposed to talcum powder on his or her body. The breathing in of the molecules in the air containing the material often harm the child and expose him or her to further damage internally that may not manifest for years. Long-term medical complications may arise with prolonged exposure.”

Johnson & Johnson Talcum Powder Ovarian Cancer Lawsuits by Find Law targets a more specific manufacturer. Below are just a few of the many lawsuits the company faced.

“In February 2011, Jacqueline Fox was also diagnosed with advanced ovarian cancer after sprinkling baby powder on her underwear since she was a teenager. She died in 2015. In that lawsuit, her lawyers introduced internal document from Johnson & Johnson suggesting they knew of the possible health effects of baby powder, but chose to market baby powder specifically to African- American consumers. A jury awarded Fox’s family $72 million dollars in damages

In 2007, Deane Berg was diagnosed with ovarian cancer after using talcum powder almost every day from 1975-2007. She won her case; however, the court ruled that Johnson & Johnson was not part of a conspiracy, and the jury decided the drug company was not liable, awarding no financial damages to Berg.”

To learn more about talcum powder and its health risks, as well as how to get compensation for your condition, it would be best to contact your lawyer.

A Quick View on Elder Law

During the 1990s, a new term increasingly became fashionable within the ranks of legal practitioners. The term is elder law, and it refers to the legal representation of individuals who are older members of society.

Although there is no fixed date at which a person becomes “old” (retirement age in many companies is sixty-five or seventy; membership in the American Association of Retired Persons – AARP – is available to individuals at fifty-five), there is a rough sense that sometime during this period people cross the threshold from being middle-aged to elderly.

People reach a time in life where their children have grown up and moved away (the so-called “empty-nesters”) and they can think about more leisure time, retirement, and babysitting grandchildren. They are likely to contemplate the necessity of disposing of their worldly possessions after they die.

It should not be surprising, then, that the legal concerns of older citizens would be different from those of younger people.


Three specific factors contribute to the rise of elder law issues today. First, actuarially, people are living longer now than ever before. Advances in medical science, changes in eating habits and lifestyles, and economic prosperity have all combined to push life expectancies in the United States well into the seventies.

In fact, someone who has survived the mortality risks of childhood and youth can expect to live well beyond eighty. Second, the baby boomers are getting old.

The same post-World War II bulge in population that swelled the elementary schools in the 1950s, graduate schools in the 1970s, and the workforce through the 1950s will swell the ranks of older citizens for the first part of the twenty-first century.

Third, these relatively healthy aging baby boomers are predicted to lead lifestyles very different from those of their grandparents. They will have leisure time and money to spend. When they have problems, whether medical or political, they will be proactive in forging solutions.

They will, as they always have, turn to the law as a vehicle for establishing and protecting their rights.

Elder law is a field that is defined by the clientele rather than the substantive legal problems. In fact, the field is more of an umbrella for many types of substantive practice that are commonly provided for older clients.

It is a buzzword to describe the legal services that elder citizens are likely to require in the areas of estate planning, health law, real estate, Social Security, pensions and retirement, and others.

elderly law

Estate Planning. Older individuals contemplating the end of life often seek legal assistance in developing a plan for disposing of their estates. This can be done through a will during the life of the individual.

Health Law. The fact that older people are statistically more likely to experience health problems means that more of them will have contact with the health care system. As that system changes, and to the extent that lawyers are involved in representing people with health care problems, health law issues will be a major component of elder law.

Real Estate. Many retired people at some point sell the homes they have lived in and move to retirement communities, small homes, condos, or health-care facilities. Thus, there is a high probability that older people will have one or more experiences with real estate law.

Social Security. At age sixty-five, most individuals become eligible for Social Security, Medicare, and other government benefits. As with any government system, many people encounter problems getting the right benefits in a timely fashion. Frequently, they require legal assistance.

Pensions and Retirement. A variety of legal problems are associated with the process of retirement itself. The terms of companies’ retirement policies are not always clear. The timing of retirement is not always agreed upon by employees and their employers. The value of a departing business owner’s equity in the business or succession to leadership is not always clear. The right to manage and control pension-plan assets and benefits may be ambiguous or confusing. These and other issues frequently end up in the hands of lawyers or the courts..

Other Issues. The elderly also face all of the other legal problems that can be found in society. Sometimes age is a factor in the way those problems are handled. Often the personality of the lawyer – being able to communicate with and relate to older people – is significant. The old as well as the young need to feel that they can trust their lawyers.

In one sense, the denomination elder law is shorthand for saying that a firm or individual lawyer concentrates in or is particularly sensitive to older people and their specific legal needs. Anyone practicing law over the next two decades is likely to encounter elderly clients.

Regardless of whether it is a minor or major aspect of a person’s practice, elder law issues will continue to be an important part of law practice in the United States.

If You Are Injured In an Accident, Contact Personal Injury Law Firms

If you acquired injuries from an accident through another party’s fault, you could file a civil case. To win the lawsuit and obtain a reasonable financial compensation, you should prove that the defendant was negligent. The term “negligence” is a concept broadly defined in the world of law. It means that a person or company failed to do an act in a safe manner and, thus, an individual was injured, either emotionally or physically.

Direct Negligence

When somebody is injured in a vehicular crash, they have the legal right to file a lawsuit against the owner of the vehicle that bumped them. If the car owner is insured, the defendant would be the auto insurance provider of the driver. A vehicular accident is a classic example of negligence.


To show that they are worthy of the financial compensation they’re asking for, a plaintiff should submit evidence (medical bills and reports) that documents their injuries along with their price. They could also demand compensation for pain and suffering and lost wages, which were attributable to the collision. Personal injury lawsuits that entail direct negligence are usually much easier to prove than those that involve indirect negligence.

Indirect Negligence

Let us say a shopper at a supermarket staggers and cracks his pelvis due to a loose tile. No one was obviously directly liable for his accident. However the tile had perhaps been loose for quite a few days, or even weeks, and the shop never had it fixed. Some customers grumbled about it maybe, and they didn’t do anything. That’s indirect negligence. The injured customer could file a case against the supermarket.

How Law Firms Can Help

Regardless of which kind of negligence was taken in, it’s vital to be aware of your legal rights. A  personal injury law firm can deal with any lawsuit where foolish inaction caused an accident, from mere slips and fell cases to enormous cheap product suits. The good litigator can assist you in filing a claim that pursues compensation for lost wages, medical expenses, as well as pain and suffering.

Moreover, it is important to remember that personal injury lawsuits may be filed due to emotional pain. The plaintiff shouldn’t be necessarily hurt physically to pursue damages. If their personal satisfaction has been severely affected due to the inaction of a company or individual, they are entitled to financial compensation.

If you’ve been injured in an accident that wasn’t your fault, it’s vital that you find a good car wreck attorney soon. Your best choice is to find law firms specializing with specializing auto lawyers.


The limit for no-fault PIP benefits is $10,000 per individual for the loss sustained due to disease, sickness, or bodily injury ($5,000-death) that arise out of the possession, maintenance, or usage of a vehicle. You can consult a car wreck lawyer to verify this.

medicalpaymentscoverageMEDICAL PAYMENTS

An experienced auto accident law firm usually get victims 80% of all medical benefits for every reasonable expense for necessary surgical, medical, dental, X-ray, as well as rehabilitative services, which includes prosthetic devices, crutches, wheelchairs, slings, splints and neck braces. Medically necessary nursing and hospital services, and ambulance are covered, and benefits are paid for essential remedial treatment as well as services permitted and recognized under the state laws for an injured individual who relies exclusively on spiritual means with the aid of prayer for healing purposes due to religious beliefs.

If you’ve been through an auto accident, bear in mind that if you have coverage for medical payments through your car insurance policy, the coverage for medical payments will be secondary to the PIP coverage. The additional medical expenses, the 20% not covered, and perhaps the deductibles will or will not be insured by the further medical payments coverage. This system depends on what particular policy you have agreed to.


Florida Statutes state that as regards any services or treatment, other than certain emergency and hospital services, the charges statement provided to the insurance company by the provider will perhaps not include. In addition, the injured party and the insurer are not obligated to pay, payments for services or treatment rendered over 35 days before the statement’s postmark date, except for past due amounts formerly billed at an appropriate time. And excluding that, if the provider presents the insurer with a treatment initiation notice within 21 days following the first treatment or examination of the claimant. The statement could include charges for services or treatment rendered up to but not over 75 days before the statement’s postmark date. The insured individual has a duty to give the provider the correct address and name of the PIP insurer. Failure to do so could cause delayed settlements to the provider.

At the initial service or treatment provided, you’ll be obligated to sign an acknowledgment and disclosure form affirming that the services were truly rendered. It is your duty and right to affirm that the services stated were rendered; that you weren’t asked to request services from the provider; that the provider clarified the services; and that if you inform the insurance company of a billing inaccuracy, you may be enabled to have a share of the savings of the insurers.

Bear in mind that you may be eligible for a certain percentage reduction in the amount funded by the insurer of the vehicle if you inform that insurer about a billing inaccuracy.

A Bird’s Eye View on Malpractice

A specialized but important offshoot of negligence practice is professional liability or malpractice. The idea behind professional liability is that those who have special training and expertise should exercise the degree of care in dealing with patients or clients commensurate with other members of the calling. For example, for the purpose of treating injuries a doctor is held to the standard of care of other doctors similarly situated rather than the standard of care of someone who has not been to medical school.

Medical Malpractice Cases Have Become Intense

It is no secret that malpractice litigation has mushroomed in recent decades. The willingness of injured people to sure professionals has provoked widespread controversy. Injured plaintiffs are no longer willing to sit back and endure careless mistakes to those to whom they entrust their lives and fortunes. Defendants and insurance companies claim that increased litigation drives up the cost of services and drives competent professionals out of the business.

Although these questions cannot be answered in this book, the prospective lawyer may want to consider the social policy considerations inherent in this debate. Rhetoric sometimes casts the question in terms of pro- or anti-lawyer sentiment, but this is not an accurate characterization, because lawyers represent partisans on both sides of the issue. The real questions involve how and when injure persons should be compensated for injuries and when they should bear the risk of loss themselves.

The largest segment of malpractice litigation involves doctors. It is not the case that doctors must always be correct, only that they must make reasonable judgments under the circumstances. Doctors are also required to inform patients of the potential risks of a particular proposed course of treatment. In medical malpractice, as well as other forms of professional liability, expert testimony is usually required to establish the elements of the plaintiff’s case.

In order to show what a reasonable doctor would have done, the plaintiff’s lawyer must introduce testimony from another doctor to that effect. Because of this requirement and the complexity and medical problems themselves, malpractice litigation can be an extremely complicated business. As with other areas of tort law, insurance is almost always present, and settlement of claims occurs far more often than jury trials.

Medical Malpractice and other Liability Cases

Although medical malpractice dominates the professional liability field, other professionals are increasingly subject to suits by their clients. Lawyers, accountants, ministers, teachers, and other professionals have successfully been sued for malpractice. Even in areas that have not traditionally been recognized as professions, individuals holding themselves out as possessing superior expertise have been held to the standards they profess.

Thus, a plumber may hold himself out of the public as knowing more about how to fix pipes than ordinary laymen. He cannot be heard to complain that he did as good a job as an ordinary person when his plumbing job is done poorly compared to the work of other plumbers. In this environment, everybody who possesses special knowledge or qualifications (and probably charges higher fees accordingly) should understand the professional standard to which they will be held under the law and should obtain insurance to protect against the risk of malpractice.

The Basics of Product Liability Law

The field that is now termed product liability law evolved over the years out of negligence. Historically, as the industrial revolution produced machines and other products that made both work and living easier, injuries related to these products increased. For much of the nineteenth century, the law was stacked heavily in favor of product manufacturers. This was due in part to the public policy favoring industrial and economic growth, but it was also related to the inability of legal principles established in the medieval non-industrial times to cope with the problems of the industrial revolution.


Work-related Injuries

Work-related personal injuries eventually were covered by worker’s compensation laws that spread the losses due to injuries among employers – regardless of fault. The idea was that such costs could be borne more easily by employers who would profit by their industrial activity than by workers whose injuries often cut off any form of livelihood.

The problem was not as easy when it came to consumers injured by products sold on the open market. As for immediate purchasers of products from manufacturers, the producers of the product could contractually disclaim any warranties or promises concerning product safety. Product users who did not actually purchase the product were said not to be in privity of contract with manufacturer, meaning that absent some contractual or other relationship, the manufacturer had no duty with respect to the user.

Even more problematic in many cases was the inability or injured parties to prove negligence in the manufacturing process. First, the manufacturer typically had exclusive access to the process of production. Second, the product frequently traveled through many hands – such as distributors and retailers – before reaching the user, and the conduct of any of these intervening parties could have been responsible for the injuries that resulted. This is good reason to seek the help of an experienced defective products accident lawyer if you have sustained injuries caused by defective products.

Because of the legal obligations to prove  your case,  this is good reason to seek the help of an experienced defective products accident lawyer if you have sustained injuries caused by defective products.

Negligence Must Be A Factor

Third, in many cases the conduct of the individual user was negligent also. This meant that many injuries went without remedy. The courts, being generally sympathetic to injured plaintiffs, slowly developed theories to provide redress for these product injuries, first in the form of implied warranties that existed without regard to the contractual relationship between the parties, and then in the form of strict product liability.

The theory of strict product liability is fairly simple: one who places a defective product in the stream of commerce may be held liable to a purchaser or user of such product who is injured as a result to its use. As with work-related injuries, the public policy principle is that manufacturers and distributors who profit by the sale of products are in a better position to spread the risk of loss among all consumers as the cost of doing business than are individual product purchasers and users.

While the basic concept of strict product liability is widely accepted today, there are wide variations in the law from jurisdiction to jurisdiction, and countless issues are subject to litigation as this field unfolds. For these reasons, product liability is one of the most active and dynamic areas of law practice in the country.

All about Tort Law

The field of tort law is a broad one. In fact, torts represent not one cohesive theory, but a number of distinct legal actions. The word tort derives from the old French word for “wrong,” and seems to have entered Anglo-American jurisprudence by way of the Normans who conquered England in 1066. Over the years, tort remedies evolved as civil actions to compensate injured persons. Originally there may have been a close link to the criminal law, at least as a means of punishing wrongdoers, but over the years tort remedies came to focus more on compensation than punishment.

Basic Theories of Tort Law

Today tort cases proceed on one of three basic theories: 1. International torts, where the defendant intended conduct that injured the plaintiff; 2. Negligence, where the defendant breached a duty to act with reasonable care and caused the plaintiff’s injury; and 3. Strict liability, where the defendant, for policy reasons, in held responsible for the plaintiff’s injuries regardless of fault. Although there are many kinds of torts, from personal injury to business torts, liability always rests on one of these theories.

This section describes a little bit about tort practice. Tort law is a widespread practice area because people can be injured anywhere. Tort lawyers may represent injured plaintiffs, defendants charged with liability, or insurance companies. Because many defendants are corporations such as manufacturers or distributors of products, or insurance companies protecting individuals against specified risks, defense practice is concentrated in larger law firms and in-house legal departments. Plaintiffs tend to be represented by individual practitioners or small firms specializing in tort law.

Tort Law

Personal Injury and Tort Problems

Because personal injuries and other tort problems are so pervasive, almost every lawyer in private practice will encounter some work in this field. The practice is litigation-intensive, however, so many generalists prefer to refer tort cases to those specialized in trying them. The unique contingency fee structure in the sort area gives plaintiff’s lawyers a percentage (typically one-third) of the recovery if they win or settle and nothing if they lose.

The arrangement can be very lucrative or unprofitable depending on the success of a lawyer’s practice. Typically, tort lawyers represent either plaintiffs or defendants, but the separation of plaintiff and defense practice is not as rigid as it is in some areas of law such as labor.