News
[07/21]
UN taps big names for HIV prevention panel
[07/21]
THE INFLUENCE GAME: Victims' families persuasive
[07/21]
United flight hits severe turbulence; 30 injured
[07/20]
Can deciphering your doctor's notes improve care?
[07/20]
AIDS breakthrough: Gel helps prevent infection
[07/19]
Wash. state fire burns 3 homes, endangers others
[07/19]
Fishing families turn to fast food, 'grind meats'
[07/19]
NY man, 70, killed in Pa. skydiving midair mishap
[07/19]
Test-tube kids and cancer? Method unlikely a cause
[07/19]
WHO: 5.2 million people on AIDS drugs in 2009
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Articles
Personal Injury Claims: Negligence
Negligence is a large part of any personal injury claim. If you have been injured and have an action for compensation for the injuries you have suffered, you will, usually have a negligence claim. To prove the defendant was negligent and legally responsible for your injuries, you will have to prove to the court that the facts of your case support the elements of negligence. The elements of negligence are as follows:
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If I Have Suffered Injury, What Kind of Damages Can I Expect?
If you have a personal injury claim, the amounts/kinds of damages you can receive depends on the type of injury you have suffered, the seriousness of the injury, what your losses have been (financially, physically or emotionally) and what jurisdiction you live in. The court may also consider additional factors based on your situation. Generally, there are two types of damages you may receive for a personal injury claim, compensatory or punitive.
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Case Summaries
[06/25]
Crescent Towing & Salvage Co. v. Chios Beauty MV In an action for damages sustained when defendant's ship collided with plaintiffs' barges and tugboats during Hurricane Katrina, partial judgment for plaintiff is affirmed in part where the district court did not clearly err in its finding of a predicted "direct hit" on New Orleans by the hurricane, its factual findings based on this finding, and the ultimate finding of negligence to the extent that it relied upon this finding. However, the matter is remanded where the district court needed to enter an order setting the total amount of recovery plaintiffs could recover in rem.
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