Personal Injury Newsletters

Classifying Torts

Apart from legislation granting a right to sue for a specific harm, personal injury law generally consists of tort law and the civil procedure for enforcing it. This article discusses how tort law is classified.

Federal Tort Claims Act — Notice of Claim

Under the Federal Tort Claims Act (FTCA), a person who plans to file a personal injury action against the federal government must present a written "notice of claim," or "administrative claim," to the government agency that is allegedly responsible for the injury. A notice of claim is a prerequisite to a personal injury action against the federal government. If no notice of claim has been given, a court will dismiss the action.

Personal Injury Actions between Spouses

When spouses commit torts against each other, a cause of action may or may not be available to the injured spouse. It depends upon the jurisdiction and the type of injury.

The Collateral Source Rule

The "collateral source rule" is a legal rule that prevents a defendant from introducing evidence that a plaintiff has received payment from a third party. For example, a plaintiff is injured in an automobile accident with a defendant.

Wrongful Death & Survival

Every state has some type of wrongful death statute that allows for a decedent’s beneficiaries to recover damages after a defendant willfully or negligently causes the decedent’s death. Survival statutes relate to the claims of the decedent rather than those of his heirs.