4 Tort Elements
Amabella Batton
Individuals who are injured or whose property is damaged by the wrongful or negligent act of a federal employee acting in the scope of his or her official duties may file a claim with the government for reimbursement for that injury or damage. In order to state a valid claim, the claimant must demonstrate that (1) he was injured or his property was damaged by a federal government employee; (2) the employee was acting within the scope of his official duties; (3) the employee was acting negligently or wrongfully; and (4) the negligent or wrongful act proximately caused the injury or damage of which he complains. The claimant must also provide documentation establishing that his claim satisfies all the elements of the FTCA.
A person wishing to make a claim for reimbursement under the FTCA for damage or injury caused by a House employee must first file an administrative claim with the House. The OGC will provide a potential claimant with a claim form and inform him as to the required documentation. Please have your staff notify the OGC immediately if an event occurs which you believe may give rise to an FTCA claim.
You may be asked to provide a certificate of insurance for the purpose of entering into a district office lease or for securing space in which to conduct a town hall meeting or other official event. The House does not carry a private insurance policy and generally does not permit Members to use the MRA to pay for a private insurance policy for these types of meetings or events. The OGC can provide a letter explaining the protections of the FTCA, and asking that the letter be accepted in lieu of a certificate of insurance.
If you or someone you know has been injured, an experienced tort lawyer can help you receive the compensation you deserve. Colorado tort attorneys at The Babcock Law Firm understand the ins and outs of tort law and have represented individuals after car accidents, slip and falls and even wrongful death.
The 4 elements to every successful tort case are: duty, breach of duty, causation and injury. For a tort claim to be well-founded, there must have been a breach of duty made by the defendant against the plaintiff, which resulted in an injury.
Tort lawsuits are the biggest category of civil litigation and can encompass a wide range of personal injury cases. However, there are 3 main types: intentional torts, negligence, and strict liability.
While criminal charges are brought by the government and can result in a fine or jail sentence, tort charges are filed by a plaintiff seeking monetary compensation for damages that the defendant must pay if they lose.
Unlike intentional torts, negligence cases do not involve deliberate actions. Negligence occurs when a person fails to act carefully enough and another person gets hurt as a result. For this type of case, a person must owe a duty to another person. Then, they must fail in their duty to act reasonably. Finally, that failure must result in harm and damages.
For example, a driver on the road has a duty to drive at a reasonable speed. If a driver travels 20 miles over the speed limit, they have acted negligently. If they hit someone and hurt them, they have committed a negligence tort and likely owe the victim for their losses.
Another common example of negligence torts are cases of slip and fall, which occur when a property owner fails to act as a reasonable person would, thus resulting in harm to the visitor or customer. For example, a janitor has a duty to put up a wet floor sign after mopping. If he or she fails to put up the sign and someone falls and injures themselves, a negligence tort case may be filed.
Crimes are different from torts in that those who have committed a crime have acted against society rather than just an individual person. Crimes are actions that a state or the federal government has deemed illegal.
However, Chris also decides to sue Logan for the medical costs he has accrued due to his broken nose. As soon as Chris sues for his own personal damages, the case also becomes a tort. Logan may have to repay his debts to both society (in the criminal case) and Chris (in the tort case).
If you live in Colorado and have found yourself involved in a legal dispute, know that The Babcock Law Firm understands the ins and outs of tort law. We can help you receive the compensation you deserve.
Proving a tort will require the services of a skilled legal representative. If you have suffered an injury due to the negligence of someone else, contact an experienced Champaign accident attorney at Spiros Law, P.C., today at (217) 328-2828 to learn more about your legal options.
If you have suffered an injury in an accident caused by the careless behavior of someone else, you may be entitled to compensation for your medical expenses and other damages. Contact a dedicated Champaign accident attorney at Spiros Law, P.C., today at (217) 328-2828 for a free consultation to discuss the details of your case.
Tort law is the area of law which allows for individuals to secure financial compensation following injuries caused by other parties. If you have been injured in an accident and someone else is to blame, tort law may become incredibly important to you. Because of this, it can be very important to know the four elements that make up a tort.
At Hull & Zimmerman, P.C., we are honored to help accident victims in their time of need, and take our responsibility as personal injury lawyers incredibly seriously. We know how important it is for victims to secure the full and fair compensation they need following a serious accident, and that is why we take a hands-on, personalized approach to every case we handle.
awarded to a woman who was a victim of a car crash. The woman was driving the highway when the other driver approaching from the opposite direction lost control of his vehicle, crossed the center line and hit her head on. She suffered multiple broken bones, including her hip, pelvis, leg, and right arm. She missed several years of work as a result of her injuries. Read More
awarded to a woman who was the victim of a t-bone car crash. The client suffered multiple injuries. The most significant of which was a head injury. While she was ultimately able to return to work on a part-time basis, Plaintiff was never able to return to work on a full-time basis. Read More
awarded to a man whose vehicle was hit from behind by a semi. The injured party suffered back pain and rotator cuff tears in each shoulder and was forced to retire from his job doing road repair four years earlier. Read More
settlement obtained for a man who was injured in a rear end automobile accident. He suffered a herniated disc in his low back which was not well resolved by surgery forcing him to leave his employment as an apartment maintenance manager. Read More
settlement achieved in a legal malpractice case. The client initially suffered a herniated disc in her neck in association with an automobile accident. The attorney failed to file the lawsuit in a timely manner and the Plaintiff was initially denied her ability to achieve any monies from the original lawsuit. Read More
settlement awarded to a man who was a victim of an automobile accident. Plaintiff was a passenger who was rear-ended by another driver. Following the accident, he suffered a long term back injury. Read More
I was injured in a fall and the nightmare began. I found Mike Zimmerman on the internet, read his background history and contacted his office. The Office Staff was wonderful, patient, and helpful, even though I was probably a pain to them. Mike is a no nonsense kind of guy. He will tell you exactly what he feels about your case and will not sugar coat it. You will know exactly what to expect and I appreciated the honesty! I would recommend Mike to anyone who has their life spinning out of control because of an accident. He help me get my life back.
We came across mike Zimmerman when we were involved in an accident awhile back, we had been negotiating with the insurance company for some time and getting nowhere with a settlement. Never knowing Mike Zimmerman when we had gone and seen him it really surprised us that he made us feel right at home and that he was really concerned for his clients. Mike was very upfront with us a our lawyer, and advised us every step of the way. His associates were very professional and office personnel was very friendly also. Mike got almost double the settlement we were expecting and we just were very satisfied and would highly recommend him to anyone that needs a good honest lawyer.
I liked the fact that I was kept up to date throughout the process. When the accident first happened, Rick went to bat for me right away to make sure that I was compensated for my loss of transportation. The end result in my case exceeded my expectations and I was very pleased.
Strict liability is also a policy decision made by the law that penalizes an individual, with or without the individual determined at fault, when an injury occurs in the course of known dangerous activity. Strict liability can also be applied to drugs. The pharmaceutical company Merck recalled the non-steroidal anti-inflammatory drug Vioxx due to severe cardiovascular damage and stroke effects.[8]
Other remedies for a tort are injunction and restitution. An injunction is a court order that requires a party to perform or refrain from performing a specified act. A person who has a license in another country but practices medicine in one of the United States territories may be ordered by the court to stop the practice until he gets a valid state medical license.
Restitution describes the act of restoration. The basic purpose of restitution is for fairness and to prevent the unjust enrichment of a party. The plaintiff is to be restored to the position that he or she held prior to the tort. Medical expenses and lost wages may be considered restitution damages.
The elements of various torts sometimes seem convoluted and difficult to understand to the non-legal mind. For instance, common law defines assault as an intentional act that creates an apprehension in another person of an imminent harmful or offensive contact. For example, a patient threatens a front desk staff and raises his fist in an attempt to strike. If the strike proceeds, then there is battery and assault. If the strike does not proceed, there may be an assault. The point is, assault may be different for different people, depending on their sensitivity. Thus, highly sensitive individuals may have a lower threshold for s assault than others. The analysis is individualized. However, there is also an element of reasonableness that operates in the evaluation. If the patient is several meters from the front desk staff, then a reasonable person might not become apprehensive until the patient is within striking distance. It is an assault when the person reasonably begins to fear being hit. A jury decides what a reasonable person would think.
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