Tag: accident lawyer
Does Open and Obvious Defense End an Injury Claim?
Open and obvious dangers present themselves every day. Cliffs or holes beside a road or walkway. Construction debris. The shallow end of a swimming pool, where reasonable people would never dive head-first. But in an injury claim where an insurer says the danger was open and obvious, does that end […]
Is There Tax on Personal Injury Settlements & Awards?
Generally speaking in a typical car accident settlement or slip and fall case the answer is no. The IRS excludes from taxable income damages received on account of personal physical injuries, whether by suit or settlement. Also excluded from taxable income are amounts received under workers compensation laws for injuries […]
Children Drawn To Danger: What Is The Attractive Nuisance Law?
Attractive nuisance laws describe hazards so fascinating to children they lure kids in. Serious injuries can result. Unguarded pools top the list of attractions irresistible to children yet potentially fatal. Curiosity thrives in children. They’re drawn to danger. Hazards irresistibly attract children while presenting hidden dangers. Abandoned refrigerators, holes in the ground, […]
Injury Claim Handling: Hidden Pieces, Unknown Dynamics
Injury claim preparation requires piecing together many elements, some of which aren’t immediately obvious. Imagine a puzzle, but some pieces are hidden. Think about it. The furnace makes loud noise. Most homeowners won’t attempt to fix it. You need to fly cross country. Will you tune up the jet engines and pilot the aircraft yourself? Many jobs require expertise. […]
Burden of Proof: How Much Evidence is Enough?
Burden of proof measures the level of evidence that must exist to prevail in a legal matter. Anyone making a claim bears the burden of proof. People bringing personal injury claims may have been injured, but in court they bear the burden of proof. Prosecutors seeking to convict those charged […]
Negligence, Gross Negligence & Willful, Wanton Conduct
Failing to use reasonable care causes negligence. But, negligent conduct comes in degrees. Different levels of harmful conduct can make a difference. Ordinary Negligence The “reasonable person” standard requires people to conduct themselves as a reasonably careful person would under like circumstances. Ordinary negligence occurs when someone does something that a […]
Texting and Driving: Deadly Combination with Legal Consequences
Like never before people communicate by text. Widespread wireless service expansion and increasingly affordable smart phones bring texting into the hands of nearly everyone. But when texting moves into the driver’s seat of a motor vehicle the distraction is disastrous. Pedestrians face their own dangers. The U.S Consumer Product Safety […]
Damages – Compensatory & Punitive Damages in Products Liability Case
The Massachusetts Supreme Judicial Court has upheld a $20 million verdict awarded after a 29 year old woman died as a result of sliding down a defective swimming pool slide which collapsed, causing her to strike the concrete deck of a swimming pool fracturing two vertebrae. Toys R Us, […]
Spoliation of Evidence: Penalties Available in Civil Law
Spoliation of evidence occurs when a relevant document or physical evidence is destroyed, altered or intentionally withheld. Courts can impose punitive sanctions against those who damage or destroy evidence. The legal theory holds that a party’s destruction of evidence shows consciousness of wrongdoing or motive to avoid evidence. Spoliation of […]
Comparative Fault: Contributory Negligence & Apportioning Liability
Comparative fault law allows apportionment of negligence among multiple parties who may share liability for one injury. Suppose a pedestrian runs across the street. A car runs a red light, striking a second car which, while going through a green light, is speeding. The impact pushes the speeder into the pedestrian, who is pushed into a […]
