Taking your Case to Court Torts Taking your Case to Court

Vocabulary Activity Civil Law Standard of Proof Preponderance of Evidence Deep pockets Immune Class action Contingency Fee

Taking your Case to Court Tort Law is Civil Law In some situations, an act can be both a crime and a tort In a civil case the preponderance of evidence must be more than 50%

Taking your Case to Court In some situations, an act can be both a crime and a tort In a civil case the preponderance of evidence must be more than 50

Who can be sued? Almost anyone can be sued Usually plaintiffs sue defendants who have “deep pockets” Employers can be held liable for torts committed by employees Minors can be sued (usually the minors parents are sued)

Who can be sued? Immunity Government and certain government officials Parents vs. Children and vice versa

Who can be sued? Immunity Federal Tort Claim Act Federal government agreed to be held liable in civil actions for negligent acts or omission by government employees

Who can be sued? Immunity The president, federal judges and members of congress have complete immunity while performing in the scope of their duties.

Who can be sued? Class Action When more than one plaintiff is seeking damages (sometimes hundreds or thousands could be included) 7.8 Billion

Who can be sued? Contingency Fees Usually 30 – 40% Lawyer agrees to take a % of damages for payment (not paid if no damages are recovered)

Insurance Americans buy billions of dollars of insurance every year to insure themselves against liability The insured pays a premium to the insurance company, in turn the insurance company agrees to cover the damages (with limitations) Lawyer fees are usually covered under the terms of the contract

Auto Insurance $15,000 bodily injury liability per person $30,000 bodily injury liability per accident $25,000 property damage liability per accident

Auto Insurance

Insurance Malpractice - Failure to meet acceptable standards of practice in any professional or official position Most Doctors, lawyers and other professionals carry malpractice insurance.

Insurance Workers Compensation (WC) Every state has a form of workman's compensation insurance employers contribute to a state WC fund Employees who are injured on the job are compensated (usually 2/3 regular salary In exchange the injured worker usually gives up the right to claim a tort Payments will not be made if the worker failed to follow prepare safety guidelines

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https://www.youtube.com/watch?v=7Ac7LzckbW0 (3:00)