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What is contributory negligence? This fancy term simply means that the defendant can claim that the accident was because of a fault of the plaintiff. This would exonerate the defendant from any charges of negligence, and the case would be closed... What is strict liability? To sue a defendant for personal injury under strict liability, the lawyer does not need to prove that he or she was negligent. This is one scenario in which responsibility is entirely assumed by the defendant... What else should I bring to my personal injury case? Detailed reports of your out-of-pocket expenses for medical bills and the amount of lost wages will help your personal injury lawyer, as well as the judge or jury determine an appropriate award if you win your case...
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Personal Injury Punitive Damages
In personal injury tort cases that involve excessive, wanton, gross, reckless, or malicious negligence, personal injury punitive damages may be assessed. The assessment of punitive damage awards to victims in personal injury cases is intended to be a strong message from the courts to deter others, as well as the defendants themselves, from repeating the actions that harmed victims.
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It is not sufficient for a product to have injured someone for there to be a likelihood of success in a product liability case. There are certain types of products that are by their nature inherently risky or dangerous even if they are designed, manufactured and sold correctly. So does this mean that the manufacturer is responsible for injuries caused as a result of using these types of product? In short it depends whether it is ‘unavoidably unsafe’ or not.
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Length and Process of a Medical Malpractice Suit
Victims of medical malpractice often have serious financial issues directly related to their damages. Medical expenses and lost income associated with a medical malpractice case...
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Filing a medical malpractice lawsuit against your doctor, or any doctor for that matter may seem like an unscrupulous thing to do. The fact is, most people do not want to sue the...
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Proving Negligence in Medical Malpractice
In the United States civil courts, medical malpractice negligence claims will lead to a medical malpractice tort claim, which essentially asserts a given healthcare professional is responsible for injuries or detrimental health affects a patient experienced or is still experiencing. The process of proving medical malpractice negligence is deeply rooted in common law history, however, the same elements necessary to prove the existence of a negligent actions by a healthcare professional are applicable today.
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Wrongful Death Statute of Limitations
Even though it can be a very stressful and upsetting time for surviving family members, it is very important to file a claim for wrongful death as soon as possible.
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Wrongful Death: Settling Out of Court
Not all wrongful death cases actually reach the trial level because wrongful death attorneys are able to negotiate a settlement with the other party involved before heading to court. Wrongful death can occur as a result of medical malpractice, automobile accidents...
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Common Causes of Wrongful Death
There are a variety of different things that can cause a wrongful death to occur and they include automobile accidents, drug side effects, airplane accidents, product defects and negligence. The definition of wrongful death is a party acting negligently, recklessly...
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Traumatic Brain Injury Statistics and Solutions
According to the Center for Disease Control and Prevention (CDC), a traumatic brain injury (TBI) is caused by a blow or jolt to the head...
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Common Causes of Slip and Fall Accidents
Who Caused The Accident? The causes of slip and fall accidents are varied, and can arise from temporary or permanent conditions, both inside and outside buildings and on land.
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Elements of a Successful Slip and Fall Claim
In order for a plaintiff to succeed in a slip and fall claim there are several elements that need to be proven. Firstly the plaintiff must have fallen on the defendant’s property and been injured. Secondly, the defendant must have owed the plaintiff a duty of care. Thirdly the injury...
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Teacher Sex Offender List: 25 Female Teacher and Student Sex Crime Scandals
Though the criminal penalties are the same, the victims are underage, and the alleged actions are similar, female teacher sex offenders in most cases face significantly lighter sex crime penalties than their male counterpart offenders do.
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Elements Required for Defamation
Defamation, whether libel or slander, is the making public of a false statement about a person that causes damage to their reputation. The majority of defendants in defamation actions are publishers and newspapers, and to a lesser extent television broadcasters. The definitions of libel and slander vary from state to state so it is important to know the laws of your particular state before embarking on any legal process. However, there are no states in which a defamation action can be taken if the injured party is deceased.
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Cruise Ship and Ferry Liability for Passenger Injuries
Whether a cruise ship or ferry is liable for injuries to a passenger turns on law that is a lot like the “tort law” we find on land...
