Personal Injury
| Proving Defamation Damages |
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| A lawsuit for defamation has the following basic elements: (1) making a false statement; (2) about a person; (3) to others; and (4) actual damages (if the harm to the person is not apparent). There is a fifth element when the person is a public official or public figure. In such a case, the person who made the statement has to have made it with a known or reckless disregard of the truth. This article discusses the fourth element, actual damages. More... |
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| The Collateral Source Rule |
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| The "collateral source rule" is a legal rule that prevents a defendant from introducing evidence that a plaintiff has received payment from a third party. For example, a plaintiff is injured in an automobile accident with a defendant. More... |
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| Whom to Sue in Automobile Cases |
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| A person who is injured in an automobile accident may seek to recover for his injuries against one or more parties, including the driver or the owner of the automobile that caused the accident. This article addresses the parties who are potentially liable for an injured party's injuries arising from an automobile accident. More... |
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| Appropriation Lawsuits |
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| Privacy is the general right to be left alone and free from unwanted publicity. There are four well-established lawsuits for invasion of privacy: appropriation, false light, intrusion, and disclosure. This article gives examples of appropriation lawsuits. Appropriation is defined as the use of a person's name, likeness, or personality for the benefit of another. Defenses include that the matter is public or that the person who's privacy was invaded gave consent More... |
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| Alternative Causes of an Injury |
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| 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. More... |
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