This 1997 book by Peter A. Bell and Jeffrey O’Connell sadly remains relevant.
From Chapter 2:
Tort law, like the law of contracts or property, is a part of the common law. That means it is made primarily by judges rather than legislatures. (page 24)
After years of such incremental modification o ftoret law, there occurred a relatively rapid movement throughout the nation, predominantly through new state legislation, to adopt the doctrine of “comparative fault.” That doctrine requires a fact finder – usually the jury – to allocate percentage shares of fault for the plaintiff’s injuries to each of the parties responsible for the accident, including to the plaintiff himself. (page 33)
Pursuant to the incr4easingly questioned “collateral source rule” of tort law, the defendant might have to pay Howard for all those expenses evben where many of the expenses were already paid for by his health insurance. (page 41)