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Bodily Injury Evidence

Kennedys

California Court of Appeal clarifies Howell and proceeds to publish Audish v. Macias

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California’s Fourth Appellate District published its opinion in Audish v. Macias, clarifying the collateral source rule in personal injury cases. The Court built on the foundation provided by Howell v. Hamilton Meats &...more

Segal McCambridge

New York Labor Law Appellate Division Round-Up

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Issues involved with construction accidents in New York are very fact-specific, and it is important to obtain testimony and evidence of all aspects of the construction project to try and defeat a summary judgment motion....more

Searcy Denney Scarola Barnhart & Shipley

Navigating the Legal Process After a Car Accident in Florida: Your Rights and Options

Being in a car accident can be a traumatic experience, particularly if there are serious personal injuries and/or significant damage to your car. Understanding the legal process in Florida is imperative to knowing your rights...more

Maison Law

Social Media as Evidence in a Car Accident Claim

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Over the years, social media has developed and contributed a significant role in both the settlement and trial of personal injury cases. Social Media Posts Can be of Pivotal Importance - Courts across the country have toiled...more

Marshall Dennehey

Federal District Court Denied Spoliation Motion Where Plaintiffs Attempted to Argue that a Bus Company Failed to Preserve Video

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Williams v. First Student, Inc., 2024 WL 1132237, No. 20-cv-1176 (CPO) (SAK) (D. N.J. Mar. 15, 2024) - The plaintiffs’ sought to obtain a preclusion of expert evidence and adverse inference at trial for failure to maintain...more

Stark & Stark

Navigating New Jersey's Personal Injury Dog Bite Law: What You Need to Know

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Dogs are often called man’s best friend, but unfortunately, even the most beloved pets can sometimes cause harm. In New Jersey, like in many other states, there are laws in place to protect individuals who suffer injuries...more

Cozen O'Connor

Notice of Appeal - A quarterly newsletter reviewing Third Circuit opinions impacting white collar defense lawyers - March 2024

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Defendant and his co-conspirators firebombed an informant’s house and killed several individuals. Six weeks into their trial on related charges, the Government disclosed that one of the defense attorneys previously worked as...more

Robins Kaplan LLP

The Robins Kaplan Justice Report - Vol. 18, No. 1

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Robins Kaplan Secures Historic $12.2 Million Settlement in a Section 1983 Jail Deliberate Indifference Case - Scott County Jail officials failed to report detained man’s injuries and allowed video evidence to be deleted. ...more

Ward and Smith, P.A.

How Can a Truck Accident Lawyer Help?

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Our economy depends on commercial trucking. In 2021, there were 13.86 million trucks registered, and they traveled a total of 327.48 billion miles in that year alone. In 2022, large trucks transported 72.6% of the total...more

Husch Blackwell LLP

IPSE DIXIT: Because My Patient Said So – How to Challenge Medical Experts Who Base an Opinion of Injury Causation Solely on a...

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Plaintiffs often disclose medical experts to opine not only as to the diagnosis or prognosis of an injury or medical condition, but also as to whether the defendant’s actions caused plaintiff’s alleged injury/condition. In...more

Mayer Brown

Cost Consequence of Sanctioned Payment with "Otherwise Proviso" - Li Suk Yee v. ParknShop (HK) Limited [2023] HKDC 1670

Mayer Brown on

Background and Decision of the Court Master - The Plaintiff was a store attendant in a supermarket. She claimed that she fell from a ladder while working at the supermarket when a shopping cart controlled by a customer...more

Searcy Denney Scarola Barnhart & Shipley

Proving Liability After a Florida Pedestrian Accident

If you’ve been injured in a pedestrian accident, it may be fairly obvious to you that the driver who hit you is to blame. But, to recover the financial compensation you deserve, you must be able to prove liability....more

Marshall Dennehey

Evidence of Prior Accidents Are Only Admissible If the Prior Accidents Are Sufficiently Similar

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Kunsman v. Wawa, Inc., et al., 2023 WL 3778865 (Pa. Comm. Pl. Montg. Co. Jun. 2, 2023) - The plaintiff slipped and fell on a yellow-painted surface in the parking area located on the defendant’s premises. During discovery,...more

Searcy Denney Scarola Barnhart & Shipley

How to Calculate Damages in a Florida Personal Injury Case

There are several misperceptions as to how damages are calculated in a personal injury case. Common misbeliefs range from thinking that there is a standard formula for calculating damages to believing that punitive damages...more

Morris James LLP

Trucking Accidents on the Rise

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Last week, a tragedy occurred in Southern Delaware involving Freightliner tractor-trailer and a minivan: just after 10:30 PM the Freightliner failed to stop at a posted stop sign on Atlanta Road (Route 30) and drove into the...more

Morris James LLP

What Kinds of Evidence Do You Need in a Trucking Accident Case?

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Trucking accidents are a common occurrence on America's roads, causing serious injuries, property damage, and loss of life. According to the National Highway Traffic Safety Administration, 4,965 people were killed and...more

Morris James LLP

You have been hurt in a trucking accident. What’s next? Do you need a lawyer?

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Trucking accidents can be catastrophic events. These accidents involve heavy vehicles that are typically hauling even heavier cargo loads. Although any road accident has the potential to cause serious injury, when large...more

Rivkin Radler LLP

Insurance Update - March 2022

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Texas practitioners can add a new term to their legal vocabulary: “the Monroe exception.” The Texas Supreme Court has finally weighed in on whether to create an exception to the eight corners rule when determining if an...more

Cozen O'Connor

Is qEEG Evidence Admissible to Show a Brain Injury? A Washington State Court Says No

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In Washington, nearly every injury lawsuit now includes a traumatic brain injury claim. As brain MRIs and CT scans are almost always normal, plaintiffs’ counsel are seeking new ways to “show” the jury “proof” of the brain...more

Rumberger | Kirk

Find Your Footing: Don’t stumble when it comes to slip-and-fall claims

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Some regard slip-and-fall claims as nuisance litigation and often make billboard plaintiffs’ lawyers the butt of jokes. But, occasionally, these claims represent catastrophic injuries with verdicts to match, and even garden...more

Troutman Pepper

New Best Practices Under E-Discovery Spoliation Rule

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As the volume of electronically stored information, or ESI, subject to discovery has exploded, allegations of spoliation have multiplied. Before the 2015 amendments to the Federal Rules of Civil Procedure, courts relied on...more

Dentons

Using Surveillance to Aggressively Defend a Claim

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Post-accident video surveillance, social media canvassing, medical record canvassing, and public record document searches are great ways to aggressively defend a claim. These surveillance methods can help establish an...more

Searcy Denney Scarola Barnhart & Shipley

Multivehicle Accidents

If you have been involved in a multivehicle car accident, making sure you receive just compensation for your injuries will require a thorough investigation and the ability to navigate the unique insurance issues involved....more

Searcy Denney Scarola Barnhart & Shipley

Failure to Yield Accidents

On public roads, there are a variety of circumstances under which one driver will have the right of way. Some of these circumstances are obvious – such as when stop signs, yield signs and traffic signals provide direction at...more

Amundsen Davis LLC

A “Peachy” Photo May Be Worth A Thousand Words – Illinois Adopts A New Standard For Post-Accident Vehicular Photographs

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The Illinois Supreme Court “clarified” the standard for the admissibility of post-accident photographs of the vehicles involved in motor vehicle collision bodily injury cases by declining to adopt a bright line standard...more

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