News & Analysis as of

Pain and Suffering Negligence

Maison Law

How is Pain and Suffering Calculated in California Personal Injury Cases?

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After being seriously injured in an accident that was caused by the carelessness and negligence of somebody else, victims may be able to seek both economic and non-economic damages. Economic damages have price tags on them...more

Ward and Smith, P.A.

What Does a Wrongful Death Lawyer Do?

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In the blink of an eye, a bad car wreck or another serious incident can result in a death. Losing a loved one is absolutely devastating. In North Carolina, when an individual's negligence, wrongful acts, or intentional acts...more

Maison Law

New Personal Injury Laws in California for 2024

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The year 2024 comes with new laws that impact the practice of personal injury law in California. The legislature enacted traffic laws to establish new standards of care at crosswalks and intersections. With these measures,...more

Melito & Adolfsen

Accidents, pain, lawsuits, doctors and lawyers. Is the pain real? The Nail Gun Story.

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Anyone injured in an accident allegedly caused by the negligence of another can sue for pain caused by the injury. The increasing number of surgeries injuries from accidents is now a major focus of defendants and the...more

Goldberg Segalla

Asbestos Damages in the Maritime Sphere

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The shipping industry is an extensive and foundational mode of global transportation and resource distribution. The men and women who work aboard the U.S. fleet are routinely exposed to varying types of cargo, machinery, and...more

Baker Donelson

Findings of Fraud Fuel $7 Million Verdict Against Long Term Care Provider

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A plaintiff in Nashville, Tennessee obtained a jury verdict of nearly $7 million in compensatory and punitive damages in a suit against a long-term care facility and its parent companies. The plaintiff, on behalf of her...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

K&L Gates LLP

Kneale v Footscray Football Club Ltd – Cautions for Both Sides of Institutional Abuse Claims

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The question of vicarious liability in the context of nonemployment relationships has been a key issue confronting courts dealing with institutional sexual abuse claims. Indeed, the High Court of Australia will soon deliver...more

K&L Gates LLP

Medical Panel Referrals and Determinations in Multi-Defendant Claims

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Introduction - In Victoria, an injured plaintiff who brings a public liability or medical negligence claim is usually required to demonstrate they have suffered a 'significant injury,' before they are entitled to claim...more

Searcy Denney Scarola Barnhart & Shipley

The Different Types of Injuries Resulting from Car Accidents in Florida

Car accidents occur in varying degrees of severity. This is one of the reasons why there are many types of injuries that can stem from a wreck. Understanding the types of injuries that can occur, as well as how a victim’s...more

Searcy Denney Scarola Barnhart & Shipley

Calculating Damages in a Florida Motorcycle Accident Case

Motorcycle accidents can result in injuries that are more severe than those which stem from car wrecks. This is due to the fact that a rider is no match for an oncoming car. Such incidents may result in paralysis, head...more

Morris James LLP

Understanding Compensation in Negligent Security Lawsuits

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When you enter a property, the property owner owes you a legal duty of care to protect you from dangerous and unsafe conditions. If you are injured in an attack while you are on the property which could have been prevented by...more

Morris James LLP

Calculating Pain and Suffering in a Medical Malpractice Case: What You Need to Know

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Medical malpractice happens when a patient is injured by the mistake of a healthcare professional. Medical providers are expected, by their patients and by the law, to provide a certain standard of care, and if they fall...more

Miles Mediation & Arbitration

The $500 Million Dog: Navigating the Legal Space Between Pet and Property

In your most recent Netflix search, you may have paused to preview “Gunther’s Millions,” a mini-series about the $500 million dog. The series tells the story of Gunther, a German Shepard regarded as the world’s richest dog...more

Goldberg Segalla

New York’s Grieving Families Act May See First Update In Over 100 Years

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The current wrongful death statute in New York, which has been in place since 1847, may get a revamp in the coming months. Senate Bill S74A, also known as the Grieving Families Act (“the Act”) is currently awaiting Governor...more

Console and Associates, P.C.

Can Injured Fans Sue Following a Concert Injury?

Few things compare to the thrill of seeing one of your favorite bands, musicians or artists perform live. However, given the crowds and the excitement of concert-goers, music venues and music festivals can also be pretty...more

Console and Associates, P.C.

Final Bellwether 3M Earplug Trial Ends at $77.5 M Verdict.

A federal jury in Florida awarded $77.5 million in damages, including $72.5 million in punitive damages, to a former soldier who filed a claim alleging that his hearing loss resulted from defective 3M Co. earplugs. The case...more

Hinshaw & Culbertson LLP

California Expands Non-Economic Damages In Survival Actions

Effective January 1, 2022, plaintiffs in survival actions in California will be able to obtain damages for predeath pain, suffering, or disfigurement. This marks a dramatic change in California law that will likely impact the...more

Fox Rothschild LLP

Pain and Suffering for a Data Breach? German Court Issues First Decision of Its Kind in Europe.

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A German Court has ordered pain and suffering damages as a result of a data breach, the first decision of its kind in Europe. According to the judgment, Scalable Capital has to pay the plaintiff, represented by consumer...more

Michigan Auto Law

Do pre-existing injuries affect auto accident lawsuits?

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All too often, defense lawyers insist at case evaluation hearings, depositions, arbitrations and in court that auto accident victims with pre-existing injuries should not recover any – or should recover less - pain and...more

Michigan Auto Law

Types of Mental Health Conditions After a Crash

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A person’s response to the distressing and disturbing nature of a crash can result in feeling a loss of control, helplessness, pain, confusion, loss of sense of self and self-worth, and an inability to cope. Injuries may...more

Holland & Hart - Your Trial Message

Add Numeracy to Your Jury

Watching a mock jury deliberate about damages can give you the idea that when it comes to numbers, jurors can be a little random. For example, a jury might see a big difference between $500,000 and $1 million in one moment,...more

Ward and Smith, P.A.

The Effect of Immigration Status on Personal Injury Claims in North Carolina

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Sadly, accidents happen, and individuals are injured across our state in all sorts of different ways. When the victim is a recent immigrant to the United States, they sometimes have questions about how immigration status...more

Manatt, Phelps & Phillips, LLP

Initiative Filed to Change the Medical Injury Compensation Reform Act of 1975

On September 25, 2019, parents with children who require lifelong care after suffering permanent injuries caused or compounded by their medical care filed an initiative in California that would fundamentally change the...more

Holland & Hart - Your Trial Message

Understand Jurors’ Process on Pain and Suffering

Juror 1: “The next category is ‘pain and suffering.’ How are we supposed to get to get that number?” Juror 2: “It is just whatever we want…there’s no guidance for it.“ Juror 1: “How are we supposed to do that? Put a...more

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