News & Analysis as of

Emotional Distress Damages Bodily Injury

Searcy Denney Scarola Barnhart & Shipley

What Happens When You’re Offered a Settlement for Your Personal Injury?

When you’ve been hurt in a motor vehicle accident or other incident caused by someone else’s irresponsible actions, you often have the option to file a personal injury lawsuit to require the person who caused your injuries to...more

Searcy Denney Scarola Barnhart & Shipley

What is Emotional Distress and How Does it Impact a Personal Injury Case?

You’ve probably heard the term “emotional distress” connected with lawsuits in personal injury cases. It is one of the factors that injury victims often receive compensation for. ...more

Structured Consulting

The Big Beautiful Bill: What Plaintiff’s Attorneys Need to Know

Structured Consulting on

The One Big Beautiful Bill Act (“BBB”) made permanent several temporary provisions of the Tax Cuts and Jobs Act of 2017 (“TCJA”), while also introducing changes to numerous items related to individual income tax. Several...more

JUSTICENTER

Are You Suffering from PTSD After a Car Accident?

JUSTICENTER on

A car accident can shake you to the core. While your body may heal, the mental impact can linger long after the crash. If you’re still feeling anxious or can’t get rid of those flashbacks, you might be dealing with...more

Haight Brown & Bonesteel LLP

Can a Close Relative Who Hears a Car Crash on the Phone Sue for Negligent Infliction of Emotional Distress? California Supreme...

The California Supreme Court’s decision this week in Downey v. City of Riverside, et al. ruled that such a claim did exist, expanding the contemporaneous zone of awareness for a Plaintiff to successfully recover for negligent...more

Hinshaw & Culbertson LLP

Hinshaw Insurance Law TV | Bad Faith Law

Scott Seaman, Co-Chair of Hinshaw’s global Insurance Services Practice Group, is joined by Hilary Harmsworth and Sam Vardy of Howden Insurance Brokers to introduce a new fifty-state survey on U.S. bad faith law and to briefly...more

Maron Marvel

Delaware Supreme Court Rules Manifestation of Physical Harm Required for Claim of Increased Risk of Illness

Maron Marvel on

Reaffirming Delaware’s position on medical monitoring claims apart from its neighboring states, the Delaware Supreme Court answered a question certified to it by the Third Circuit ruling that there must be a manifestation of...more

Houston Harbaugh, P.C.

Pennsylvania High Court to Consider Whether Wrongful Death Emotional Distress Damages May Be Included Under Bodily Injury Coverage...

Houston Harbaugh, P.C. on

On October 18, 2022, the Supreme Court of Pennsylvania granted allowance of appeal in Kramer v. Nationwide Property and Casualty Insurance Co. regarding the issue of whether the Superior Court erred by finding that “emotional...more

Wiley Rein LLP

Lawyer’s Professional Liability Insurer has Duty to Defend Suit Alleging Sexual Assault of Client

Wiley Rein LLP on

Applying Maine law, the United States District Court for the District of Maine has held that a legal professional liability insurer had a duty to defend an insured attorney against a suit alleging sexual assault of a client,...more

Searcy Denney Scarola Barnhart & Shipley

Emotional Distress and PTSD

In Florida, the injuries suffered from a car, truck, or boating accident may include physical and psychological injuries. However, it may be difficult to recover money damages for psychological injuries in Florida because,...more

NAM (National Arbitration and Mediation)

The Proposed “Grieving Families Act” And The Right To Recover Damages

In the 2020 session, the New York Legislature considered changes in what has come to be known as the “Grieving Families Act.” This evolving tort law with respect to a bystander's right to recover for emotional damages...more

Michigan Auto Law

Types of Mental Health Conditions After a Crash

Michigan Auto Law on

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

Searcy Denney Scarola Barnhart & Shipley

Pain and Suffering: The Mental Damage Caused By Auto Accidents

After an auto accident, most people are preoccupied with what they perceive as “the important stuff:” financial setbacks across what is often a wide variety of financial accounts, healing from physical injuries, and even...more

Rivkin Radler LLP

New York Insurance Coverage Law Update- November 2020

Rivkin Radler LLP on

Claimants sued Waiting Room Solutions alleging various causes of action arising out of an employee placing a video camera in its women’s restroom and Waiting Room’s handling of the employee’s actions. Waiting Room’s liability...more

Cozen O'Connor

Rough Seas for the Cruise Industry

Cozen O'Connor on

In what is no doubt the beginning of a tsunami of lawsuits (pun intended) against the cruise industry arising from the coronavirus pandemic what we understand to be the first lawsuit against Princess Cruise Lines has recently...more

Searcy Denney Scarola Barnhart & Shipley

Head-On Vehicle Collisions

Head-on collisions are among the most dangerous of all car accidents. With the extreme forces involved, when one driver leaves another helpless to avoid a head-on collision, the consequences will often include permanent...more

Benesch

Mental Distress for Airline Lawyers - The Sixth Circuit's Decision in Doe v. Etihad

Benesch on

In Doe v. Etihad Airways, P.J.S.C., the U.S. Court of Appeals for the Sixth Circuit radically altered the scope of an air carrier’s liability under the Montreal Convention, the international treaty controlling an air...more

Benesch

Montreal Convention Liability Could Be Expanding – What You Need To Know

Benesch on

A United States Court of Appeals radically altered the scope of an air carrier’s liability under the Montreal Convention, the international treaty controlling an air carrier’s liability for damages to persons or property...more

Benesch

Sixth Circuit Expands Air Carrier Liability Under the Montreal Convention: How Should Air Carriers Respond?

Benesch on

In Doe v. Etihad Airways, No. 16-1042 (6th Cir. Aug. 30, 2017), the United States Court of Appeals for the Sixth Circuit radically altered the scope of an air carrier’s liability under the Montreal Convention, the...more

Holland & Knight LLP

Rehearing Sought of Sixth Circuit’s Montreal Convention Holding on Recoverability of Mental Injuries

Holland & Knight LLP on

Defendant-appellee Etihad Airways recently petitioned the U.S. Court of Appeals for the Sixth Circuit for panel rehearing and rehearing en banc of Doe v. Etihad Airways, P.J.S.C., a decision by a panel of that court that...more

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