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Can I File A Suit If My Loved One Has Died From An SUV Rollover Accident?

When you have had a loved one who has died from an SUV rollover accident, you may be entitled to file a wrongful death claim against the manufacturer of the SUV. Thousands of individuals have died as a result of using an SUV vehicle. According to the U.S. National Highway Traffic Safety Administration, the SUV has a rollover rate of between 20 percent to 25 percent. This figure compares with the rollover rate for a passenger vehicle, which has a rollover rate of 10 percent. No person should have to experience the loss of a loved one due to the defective design...

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Differences Between Comparative Negligence and Contributory Negligence

The fundamental difference between the legal concepts of comparative and contributory negligence is that comparative negligence seeks to compensate the injured party at least for some part of his or her injuries, while contributory negligence is a total bar to any damage award to the plaintiff. In both instances, the plaintiff's negligence must be proved by the defendant. The difference boils down to how the plaintiff's ultimate recovery (if any) is impacted by the plaintiff's own negligence. A further difference is that contributory negligence originated in common law, while comparative negligence is a statutory creation in jurisdictions that abolished the...

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Establishing a Private Right of Action in Personal Injury Cases

Navigating through statutes and legislative history to successfully plead a viable private right of action in a personal injury or wrongful death case can be time-consuming and ultimately disappointing. But the ability to recover enhanced damages or even any damages at all through a private right of action may make such efforts worthwhile and explains why there are a multitude of recent judicial decisions on this topic in many areas of law. A private right of action allows a private plaintiff, in contrast to a government or a public agency, to bring an action seeking judicial relief from injuries caused by...

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Practitioners in Personal Injury Cases Continue to Face a Difficult Practical Choice When Dealing With Social Service Agencies

The U.S. Supreme Court seldom issues rulings that broadly affect state law in personal injury cases. But, one area in which it has done so in recent years has been the enforceability and collectability of Medicaid liens against personal injury recoveries. In two significant decision, Department of Social Services v. Ahlborn, 547 U.S. 268 (2006), and Wos v. E.M.A., 568 U.S. 627 (2013), the U.S. Supreme Court established that, if a personal injury plaintiff recovers only a small fraction of the value of his or her injuries in a lawsuit—due, for instance, to limited insurance coverage or difficulties proving liability—a Medicaid lien...

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What is Negligence?

One can only bring a lawsuit for negligence if they can establish all four of the required elements. If any one of the elements is missing, then there is no negligence from a legal standpoint, and a lawsuit cannot be sustained. Of course, there are often defenses and other technicalities involved with proving such a case, so it is always best to contact a qualified, licensed attorney to help answer your questions and guide you through the process of analyzing your claim or defense to negligence.Attorneys are infamous for using “legalese,” or terms that have a special meaning in the...

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A Personal Injury Case Roadmap

When you get injured due to the actions of another, you should consult a lawyer. Generally, however, when injury occurs, the law asks a few key questions: Duty—Is one person required to take care not to injure another? The law does not impose an absolute responsibility on everyone to take care of everyone else in all situations. So, some injuries are simply accidents, not addressable in court. The way the law begins to distinguish between injuries that are mere accidents and those that are torts, is by asking “Did the person or entity that caused your injury have a “duty” to take some...

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Avoiding Slip and Falls When You’re 55 and Older

Being 55 years old is surely is not as old as 55 used to be. Now at 55 you can be fully employed, if that be your pleasure, and looking forward to many more productive years. You can volunteer, exercise, travel, participate in sports or,even go off in your own direction toward something you never anticipated. While enjoying this journey of life, there can be the occasional bump in the road. You can slip or trip and fall, upsetting the grandest of plans. Each year millions of older adults fall. One of out of five falls causes a serious injury such as...

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Personal Injury Claims Based on COVID-19

Most personal injury claims are based on a legal theory called negligence, which means that a person or a business did not use the appropriate care under the circumstances. The person bringing the claim (the plaintiff) must show that they would not have suffered harm if the defendant had acted reasonably. These cases do not typically arise from contracting an infectious disease, such as a flu. It can be hard to prove the precise source of exposure, as well as identifying a specific action by a defendant that showed a lack of reasonable care. However, there may be certain situations...

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What Are Mass Torts and How Do They Differ From Other Personal Injury Lawsuits?

Mass torts are civil actions that have many plaintiffs involved against one or several defendant corporations. The suits can be venued in state or federal courts. The term "mass" has several layers of meaning in mass torts. The first meaning refers to the participation of many plaintiffs in tort litigation. The second meaning refers to the use of mass media by plaintiffs' lawyers to recruit even more plaintiffs to join the ongoing litigation and plaintiffs' class. The media is used, even if indirectly, by plaintiffs' bar to air the case preliminarily to the public (and potential jury pool). How Mass Torts...

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Timeline for a Personal Injury Lawsuit

Get Medical Treatment The first thing that you should do after getting injured in an accident is to get medical treatment. If you are hurt, go to the hospital or see a doctor. Not only is this the right thing to do for your health, but, if you don’t see a doctor for some time after an accident, the insurance adjuster and the jury will assume that you weren’t all that hurt. Choose a Lawyer The next thing that you will have to do for anything more than a minor claim is to choose a lawyer. You should choose the lawyer soon after the injury....

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