The Concept of a Negligent Breach of Contract Can Be a Source of Confusion

Rick Dane Moore & Associates Law Firm, PLLC makes a distinction between contracts and torts, or civil wrongs. Contract actions are made to enforce the intentions of the parties to the agreement if tort law is primarily designed to vindicate “social policy.”

There is also a difference in the measure of damages for breach of contract actions and actions in tort like a lawsuit seeking damages for negligence. Contract damages are usually limited to those within the contemplation of the parties if the contract was entered into or at least reasonably foreseeable by them at that time; consequential damages beyond the expectation of the parties are not recoverable. By contrast, tort damages allow for compensation for all injuries flowing and as a direct result of the negligence or another tort. Consequently, tort damages are far broader and more extensive than contract damages. Because tort damages exceed what is allowed under a breach of contract, we often see parties filing lawsuits seeking damages for a negligent breach of contract. The concept of a negligent performance or negligent breach of contract is not new.

Stop Loss procured expressly precluded coverage of any preexisting claim not disclosed by Regents. The Regents signed a binder that purported to disclose all reportable claims, but unbeknownst to them, the binder did not include a disclosure of the claim made by a plan member. When the patient had his claim rejected, Regents sued Stop Loss for breach of contract and negligence. The complaint alleged that Stop Loss breached its contractual agreement with Regents and also breached its professional duty of care as the insurance broker, causing Regents to suffer an economic loss of over $1 million in unreimbursed expenses for the claim. By adding a cause of action for professional negligence in performing the contractual obligations, Regents sought to increase the number of damages it could recover.

When confronted with issues involving a breach of contract it is wise to see what type of damages are alleged. If the party is seeking emotional distress damages you can challenge those damages.

Should You Work With a Collaborative Divorce Attorney in tampa?

No one can argue that divorce isn’t a painful, emotionally draining process. Old wounds are re-opened. Personal financial matters are brought out into the open. And the whole affair is a sad one. But couples can make the process at least a bit less painful if they agree to work with a collaborative divorce attorney in Tampa from Anton Legal Group.

In a traditional divorce, settlements handed down by judges who do not personally know the family members or their unique situations often do not seem fair to either party in the dispute. This often results in one-sided judgments or lopsided financial awards.

However, if both parties agree, one-way divorcing couples can forge compromises that everyone can live with is to hire a collaborative divorce attorney from Anton Legal Group.

Collaborative attorneys in Tampa also call in outside experts to help resolve cases. These include such professionals as financial planners, child therapists, and other consultants. It?s all part of the effort to help the divorcing couple determine the best resolution for themselves and their children.

Obviously, couples who agree to hire collaborative divorce attorneys in tampa are still civil enough to each other so that they can work together successfully. They hire collaborative divorce attorneys because they realize that they are the ones who should be making the important decisions regarding their children and their financial situations. These are issues, they agree, that should not be left to judges who do not know the family members intimately.

Collaborative divorces require that everyone involved in a case follow certain rules. For instance, each member of the divorcing couple is required to be honest with their financial information. They are also expected to always work in good faith toward a successful resolution. Finally, both sides must consent to the help of outside experts to resolve their issues.

How the Personal Injury Attorney Can Help You

Personal injury cases are reported every day out. These are the injuries that a victim sustains as a carelessness of another individual’s fault. In the event of an injury, you are allowed to file a case to fight for your compensation. However, the legal process can be sluggish and there are many forms and processes that must be in perfect order just to file a claim.

Thus, it is vital to seek assistance from Law Offices of Jon Friedman. They will help you through the entire process to make sure you receive compensation and high-quality treatment. A personal injury victim suffers mentally, emotionally, physically and psychologically. For this reason, alone, a professional attorney will collect all the necessary details that enable him to present a solid case before the judge. Besides, they will also make sure that you focus on quick recovery after the accident.

Additionally, Law Offices of Jon Friedman will inform you of your rights. Legal help is important when such incidences occur. They will collect evidence from potential witnesses, medical reports and discuss possible legal options to expedite the process of justice. With the evidence, they can claim a case before the judge and handle everything on your behalf. Thus, when you sustain injury as a result of another individual’s negligence, never hesitate to consult Law Offices of Jon Friedman.

For the best result of the case, it is necessary to choose an attorney wisely. Assets such as communication skills, experience, the area of specialty and qualification are the important factors to keep in mind. Choose an Portland personal injury attorney you are comfortable with. It will make easy to share personal information that enables the attorney to claim for your rights. The attorney should be highly credible for the best possible outcome. That is why you should consult only a professional attorney to file your case.