Tort Law
In the civil litigation arena, the term "trial lawyer" typically causes us to think of the plaintiffs' and defense personal injury bar. Personal injury lawyers provide access to the civil court system for those without financial means by handling cases on a contingency fee basis, which means that the attorney is only paid a percentage (usually one-third) of any recovery. Yet these are the same lawyers who bring the numerous cases against the tobacco and firearms industries and the manufacturers of potentially dangerous products such as vehicles with side-mounted fuel tanks, asbestos, breast implants, and diet pills, and who seek recoveries in mass disasters such as an airline crash or a structural building collapse. The litigation of these high-profile cases-as well as the more typical cases involving injuries suffered in automobile accidents, incidents of medical malpractice, and other cases of negligence-composes the practice known as personal injury and insurance defense.
In law schools and in legal vernacular, this area of practice is known as tort law. A tort is a civil (non-criminal) injury, other than a breach of contract, that results in damages. A person (or an organization) has committed a tort by acting or failing to act in circumstances in which he had some obligation or responsibility toward another and is therefore liable for the resulting injury. The obligation can be one of a toy manufacturer to provide a child-safe product, or a doctor to act in accordance with accepted medical procedures, or a store owner to keep an area clear of debris or water.
When a person's physical health, mental health, or property is damaged through tortuous conduct, the injured party (the plaintiff) often brings a claim for money damages, including medical expenses and lost wages due to the injury. The plaintiff may also seek recovery of punitive damages, which are intended to punish the wrongdoer and deter similar conduct on the part of others. Large awards of punitive damages by juries in tort cases have been severely criticized by manufacturers as imposing an unjustified cost on consumers. In response, the plaintiffs' bar contends that large damage awards have the effect of prompting companies to make safer products.
If the defendants, whether individuals or organizations, have liability insurance and the tortuous act falls within the scope of the insurance contract, the defendants are represented by insurance defense attorneys, who specialize in tort litigation. The insurance defense attorneys, though hired by the insurance companies, represent the insured party. The law firms bill the insurance company for the hours they spend defending the insured. Costs for defending such cases are significant and are ultimately paid through insurance premiums.
Reproduced from The Official Guide to Legal Specialties with permission. (c) 2000 Thomson Reuters/West. For additional information on this publication please visit 
http://west.thomson.com/products/law-students. Copyright granted via e-mail by Donna Gies, September 16, 2008.