Florida Lawyer Blog

Archive for February, 2010

Tort law talks about legal injury and present the circumstances under which a person may be held responsible for another injury to compensate the victim in terms of money. But the way personal Injury lawyers are representing the injured parties in recent years, the tort system is facing economic criticism these years in USA. In fact changes in civil justice system are required to reduce tort litigation or damages. Incidentally tort reform advocates claim that out of 15 million lawsuits in US every year, merit less and frivolous litigation are counted heavily. Only 60% of medical malpractice litigation cases were of genuine medical error according to a recent report by the Harvard school of Public health. These have led to substantial increase in health care costs. Because merit less lawsuits block the court system, increase per capita tort costs and trial attorneys are enjoying large percentage of the award related to penalizing damages.

The effect of this tort law is so vulnerable that many doctors had to quit their practice and relocate because of cost neutralizing malpractice insurance rates. Physicians have adopted safeguard techniques to protect their practice and survival. As per report says in the journal of American Medical association,2005 ,93% of surveyed physicians have started practicing defensive medicine because of danger from malpractice liability. 43% doctors are using expensive MRI and CAT scans unnecessarily. 42% of medical practitioners have limited their practice procedure by reducing complicated trauma surgeries and avoiding patients with complicated medical problems. In rural areas the situation gets worsen as practitioners are neglecting high risk operations and not willing to practice with out competition as they have aggregated in to single practice to distribute the high cost of malpractice insurance premium.

Hence tort reform is needed as a solution to all these. The reform includes limit on: Disciplinary losses, Non-economic damages, Collateral source rule; Eliminations on: election for judges, awards for pre judgment interest, appeal bond requirement; Adoptions of court appointed expert witness, English rule of looser pays etc. Thus in US tort reform has become controversial political issues.

Helpful resource:

Find more information on Tort law and its use by Medical Malpractice Attorneys based out of South Florida. They expertise in all personal injury related cases.

Rush driving in high traffic zones and crowded area is always dangerous. In US, vehicle related deaths are so high in number that strict laws has been in place to combat such criminal offense called DUI (Driving under Influence) .Penalties are getting stiffer to the extent of long imprisonment for 10 years or so.

But you can be victimized at any point of time with out drunk driving or injuring and killing someone. call an experienced NJ criminal lawyer as soon as possible. It has been reported that 44 percent of traffic fatalities happen because of alcohol, but incidentally proofreading of alcohol intake by driver are dicey in some cases. In fact the way DUI of alcohol cases are being viewed under law, there are some loop holes. The legal limit of blood alcohol content (BAC) is 8% and a driver crossing the bar would automatically be guilty of driving under DUI without any other evidence.

But this is not the only criteria to decide whether a driver would be sued with DUI in reality. Sobriety tests are done for this. If a driver has slightly lower BAC reading but failed to prove as sober and shows impairment then also DUI charges can be enacted against him or her. It means if you are an average drinker but do not drink while driving, you might get arrested as well. Surprisingly sobriety tests are also illusive and contextual. A drinker may appear himself as sober because he drinks coffee and eats salty products like crackers, chips after taking alcohol. In such cases impaired driving has to be proved by checking coordination, reaction time during driving.  Therefore a driver who is also a frequent drinker has to be very careful with the rules and regulations under prescribed law of DUI.

Useful Legal Resources:

For further information regarding DUI Lawyer please visit Nashville Criminal Law Firm