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Settlement Bodily Injury

Goldberg Segalla

Defendant Granted Motion to Dismiss Claim against Settlement Trust for Untimeliness

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Superior Court of Delaware, New Castle - In the asbestos action Burhenn v. Celotex Asbestos Settlement Trust, the court granted defendant Celotex’s motion to dismiss on the grounds that the complaint was untimely filed. In...more

Akerman LLP

Abracadabra – How a Stalking Bill Magically Turned into Revisions to a Georgia Settlement Statute

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In Georgia’s recent Legislative Session, Senate Bill 83 started off addressing the eligibility for restraining orders related to stalking, but there must have been some magic pixie dust floating around the House Committee...more

Maison Law

What are Compensatory Damages in California Personal Injury Lawsuits

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Personal injury damages in California are intended to make an accident victim whole again by compensating him or her for the injuries and damages caused by the intentional, reckless or negligent acts of another person or...more

Chambliss, Bahner & Stophel, P.C.

Is a Personal Injury Settlement Taxed?

Approximately 6 percent of adult Americans experience an activity-limiting injury every three months, according to the Centers for Disease Control and Prevention (CDC). Injuries can happen because of carelessness, such as...more

Maison Law

What is the Statute of Limitations in California Personal Injury Law?

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What is a Personal Injury Case? As we explain below, California law imposes a two-year statute of limitations for personal injury cases. Initially, it helps that you understand the nature of a personal injury case....more

Presley & Presley

No Settlement Opportunity, No Problem

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The vast majority of extra-contractual/bad faith cases involve a carrier’s failure to secure a release of an insured by accepting a reasonable settlement opportunity within the policy limits. The absence of a reasonable...more

White and Williams LLP

Top Developments March 2024

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Delaware Supreme Court concludes that a letter from a lawyer informing an insured of possible lawsuits without identifying potential plaintiffs or demanding payment is not a “claim for damages” within the meaning of...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

Presley & Presley

Unique Supplemental Payments Provision Leads to Supplemental Payday

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Supplemental Payments provisions are present in almost every liability policy. These provisions generally detail the insurer’s responsibility for interest and costs awarded in suits that it has undertaken to defend....more

Searcy Denney Scarola Barnhart & Shipley

Calculating Damages in a Slip and Fall Case

When you have a slip and fall case, you need to make informed decisions. One of the most important decisions you may need to make is deciding when (and if) to settle your case. Knowing whether to accept a settlement offer...more

Miles Mediation & Arbitration

The Saddest Mediation: Mediating Wrongful Death Cases

Start with the obvious fundamental difference between a wrongful death mediation session and any other: the subject of the mediation itself is absent and will never return. That difference, in my experience, dictates a...more

Searcy Denney Scarola Barnhart & Shipley

What to Do If You’re Injured in a Florida Motorcycle Accident

Serious injuries can result from a motorcycle accident. Riders hit by an oncoming car may suffer a traumatic brain injury, neck injury, spinal damage, or even wrongful death. If you have been involved in such an accident,...more

Goldberg Segalla

Court Denies Post-Trial Motions Following Plaintiff’s Verdict

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Supreme Court of New York, New York County; August 28, 2023 - This matter involved plaintiff James McWilliams, who worked as a steamfitter from 1960 until his retirement in 1996. He claimed that his work consisted of...more

Awatif Mohammad Shoqi Advocates & Legal...

Will a personal injury settlement get divided during a divorce?

What is Personal Injury Settlement? Often there are injuries caused to a person by reason of an accident. If you have been in an accident caused by a third party’s mistake or negligence, which has left you injured, you may...more

Holland & Knight LLP

Supreme Court Expands States' Ability to Recoup Future Medicaid Costs from Tort Recoveries

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The U.S. Supreme Court interpreted the Medicaid Act on June 6, 2022, to permit state Medicaid programs to recover costs for future medical care that has not yet been provided and may never be provided from Medicaid...more

Roetzel & Andress

Minor Settlements in Ohio

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In an ever-changing legal environment, one thing has always remained true – minor settlements in Ohio require Probate approval, no matter how small. The process may seem daunting, but ultimately there are only three primary...more

Searcy Denney Scarola Barnhart & Shipley

A Tale of Tragedy and Justice

The case involved a loving couple who came to the U.S. from Cuba in 2013 to live with their extended families in Miami and for a better life. Three years later that American dream ended in heartbreak and the tragic,...more

Butler Weihmuller Katz Craig LLP

Good Faith: Plaintiffs’ Complaints About Release Held Invalid

The United States Court of Appeals for the Eleventh Circuit recently addressed the issue of whether tendering a policy limits check on a liability policy with an overbroad release could constitute bad faith. In Pelaez v....more

Haight Brown & Bonesteel LLP

Lawyer's Reversal of Fortune: Don’t Violate Rules of Professional Conduct by Settling Over Your Client’s Objection

In Amjadi v. Brown (Nos. G059069, G059273 – 8.30.2021), the Fourth Appellate District Court of Appeal reversed a trial court judgment and subsequent order, holding, “an attorney may not settle a client’s case over the...more

Epiq

CMS Issues a Technical Alert on the PAID Act

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On December 11, 2020, the Provide Accurate Information Directly (PAID) Act was signed into law by then-President Trump, with the express intent to assist settling parties to identify whether settling claimants to personal...more

Holland & Knight LLP

Prejudgment Interest on Personal Injury Claims Becomes Law in Illinois

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Illinois Gov. JB Pritzker has signed Senate Bill 72 (Prejudgment Interest Act) into law, which provides for prejudgment interest on all damages rendered in personal injury and wrongful death claims at the rate of 6 percent...more

Freeman Law

Are Lawsuit or Settlement Damages Taxable?

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Taxpayers who suffer from physical injuries or physical sickness can generally take advantage of a special provision in the Code that makes such damages non-taxable. See I.R.C. § 104(a)(2). Generally, this can be an easy...more

Butler Weihmuller Katz Craig LLP

The Many Faces Of Multiple Liability Claims: Two Divergent Opinions From The Eleventh Circuit Court Of Appeal

The Eleventh Circuit Court of Appeals recently released two opinions involving multiple liability claims against an insured with insufficient policy limits.  Both cases involved appeals from summary judgment orders in bad...more

Miles Mediation & Arbitration

10 Tips for Supporting—or Refuting—Medical Records during Mediation

When mediating personal injury cases, I often notice attorneys falling into the same traps time and again—especially when it comes to how they use medical records to support their cases or develop their defenses. To help you...more

Carlton Fields

Considerable Deference With a Caveat: Third Circuit Addresses Fee Awards

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The Third Circuit Court of Appeals recently issued a decision regarding the fee award in the National Football League concussion injury litigation. The decision is non-precedential but still instructive. ...more

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