Personal Injury
| Tort Law--Criminal Law Versus Civil Law |
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| 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. Law is sometimes divided into civil law and criminal law. This article discusses the distinction between civil law and criminal law as it relates to tort law and personal injury. More... |
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| More Tort Law Versus Criminal Law |
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| 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 some of the distinctions between tort law and criminal law, beyond criminal law's focus on the criminal and tort law's focus on the financial harm suffered by the victim. More... |
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| Federal Tort Claims Act - Discretionary Function Exception |
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| The Federal Tort Claims Act (FTCA) bars claims that are based on the performance or failure to perform a discretionary function or duty of a federal agency or federal government employee, even if there is an abuse of discretion. According to this "discretionary function exception," a personal injury action cannot be filed under the FTCA if the employee's negligence arises from a discretionary function or the execution of a statute or regulation. More... |
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| The Federal Claims Collection Act |
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| The Federal Claims Collection Act (FCCA) was enacted in 1982 in order to allow the federal government to recover compensation for damages to or for loss or destruction of government property. Under the FCCA, the government is entitled to recover compensation for damages that result from negligent or wrongful acts. More... |
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| Res Ipsa Loquitur |
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| In a personal injury action, a plaintiff usually must prove that a defendant was negligent and that the defendant's negligence caused the plaintiff's injuries. However, in some cases, there is no direct evidence of negligence. For example, spectators are watching a basketball game in a high school gymnasium. More... |
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