Newsletters

Pain and Suffering Damages

An injured plaintiff has the right to recover damages for pain and suffering that he might suffer as a result of a defendant's tortious act against the plaintiff. Pain and suffering damages frequently constitute the largest portion of personal injury awards.

Fraud Requires Deceitfulness and Reasonable Reliance

Liability for fraud exists when six elements are proven: (1) knowingly, recklessly, or without reasonable grounds, (2) making a material misrepresentation (3) to deceive another (4) who reasonably relies on the misrepresentation (5) causing that person (6) actual damages. This article discusses the third element, deceitfulness, and the fourth element, reasonable reliance.

The Jones Act -- Overview

The Jones Act is a federal law designed to compensate seamen who are injured while working aboard vessels in navigable waters.

The Longshore and Harbor Workers' Compensation Act - Death Benefits

If a maritime employee's death was caused by a work related injury, the employee's widow, widower, or other eligible survivor may recover death benefits under the Longshore and Harbor Workers' Compensation Act. The widow, widower, or survivor may also recover funeral expenses of up to $3,000.

Alternative Causes of an Injury

Ordinarily, a plaintiff in a personal injury action has the burden of proving that a defendant's negligence caused his or her injury. However, when a plaintiff proves that two defendants have committed negligent acts, and it is impossible to determine which act caused the plaintiff's injury, the burden of proof shifts to the defendants. Each defendant has the burden of proving that his or her negligent act did not cause the plaintiff's injury.