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1,393 results on '"Personal injuries -- Remedies"'

1. Milwaukee attorney secures $2.5 million personal injury settlement

Subjects
Personal injuries -- Remedies, Compromise and settlement
Abstract

Byline: WISCONSIN LAW JOURNAL STAFF A Milwaukee attorney secured a $2.5 million personal injury settlement on Oct. 5 for his client. On Sept. 24, 2021, Michael F. Finizia, a head [...]

Published
2024

3. Personal Injury, Wrongful Death Damage Caps Raised

Author

Koehler, Kim L.

Subjects
Interpretation and construction, Remedies, Laws, regulations and rules, Government regulation, Legislative bills -- Interpretation and construction, Damages (Law) -- Laws, regulations and rules, Personal injuries -- Remedies, Medical malpractice -- Remedies, Wrongful death -- Remedies, Medical personnel -- Malpractice, Bills, Legislative -- Interpretation and construction, Damages -- Laws, regulations and rules
Abstract

On June 3, 2024, Colorado House Bill 24-1472 was approved by Colorado Gov. Jared Polis (D). The bill increases the cap on noneconomic damages, wrongful death damages and medical malpractice [...]

Published
2024

4. How To Make Sure You Are Fairly Compensated For Your Injuries

Author

Chew, Ryan

Subjects
Personal injuries -- Remedies, Legal case management -- Methods, Compensation (Law) -- Laws, regulations and rules, Government regulation, Business, international
Abstract

You have been injured in an accident. Whether it was a motor vehicle collision, a slip and fall, or an injury due to someone else's behaviour, your life has been [...]

Published
2024

5. The National Vaccine Injury Compensation Program and the Office of Special Masters

Author

Rogers, Hannah-Alise

Subjects
United States. Court of Federal Claims. Office of Special Masters -- Powers and duties, Personal injuries -- Remedies, Compensation (Law) -- Laws, regulations and rules, Government regulation, Government, National Childhood Vaccine Injury Act of 1986
Abstract

September 14, 2022 In 1986, Congress passed the National Childhood Vaccine Injury Act (NCVIA; 42 U.S.C. [section][section] 300aa-10-300aa-34), which created the National Vaccine Injury Compensation Program (VICP). The VICP is [...]

Published
2022

6. TAXING LITIGATION: FEDERAL TAX CONCERNS OF PERSONAL INJURY PLAINTIFFS AND THEIR LAWYERS.

Author

Polsky, Gregg D.

Subjects
Personal injuries -- Remedies, Contingency fees -- Taxation, Recoveries (Law) -- Taxation -- Evidence, Income tax -- Laws, regulations and rules, Evidence (Law) -- Laws, regulations and rules, Government regulation, Tax Cuts and Jobs Act of 2017
Abstract

INTRODUCTION I. TAX CONSEQUENCES TO PERSONAL INJURY PLAINTIFFS A. Foundational Tax Concepts B. Is the Recovery Included in Plaintiff's Gross Income? 1. Broad Exclusionary Rule in Physical Injury Cases 2. [...], This Article addresses the federal tax concerns of personal injury plaintiffs and the lawyers who represent them, typically on a contingency-fee basis. It explains when plaintiffs' recoveries are taxable for income and employment tax purposes and whether and how those recoveries are required to be reported by defendants to the IRS. It also discusses whether attorney's fees and costs are deductible by plaintiffs. In addition to these tax planning and compliance issues, the Article also considers when tax evidence might be admissible. Plaintiffs and defendants often try to introduce tax evidence in an effort to increase or decrease, respectively, the amount of damages awarded. These attempts have been met with varying degrees of success, depending on the jurisdiction and context. The Article then addresses the personal tax issues of trial lawyers themselves. Structured attorney fee arrangements, whereby these lawyers attempt to defer tax on contingent fees, are discussed. The tax deductibility of litigation costs advanced by contingent fee lawyers to their clients is considered. Finally, the Article concludes with a discussion of how provisions of the 2017 Tax Act might affect trial lawyers.

Published
2018

7. Is Your Ex Entitled To Your Personal Injury Settlement?

Author

Hennebery, Katharine E.

Subjects
Family law -- Interpretation and construction, Personal injuries -- Remedies, Compromise and settlement -- Laws, regulations and rules, Government regulation, Business, international, British Columbia. Family Law Act
Abstract

It is an unfortunate reality that divorce, or a relationship breakdown, can occur when someone is going through personal injury litigation. The stress of being injured in an accident and [...]

Published
2023

8. Newly Released J&J Bankruptcy Plan For Compensating Talcum Powder Cancer Claims Includes Canadian Claims

Author

Boyd, James

Subjects
Johnson & Johnson -- Cases -- Reorganization and restructuring, Personal injuries -- Remedies, Compensation (Law) -- Laws, regulations and rules, Bankruptcy reorganizations -- Cases, Pharmaceutical industry -- Cases -- Reorganization and restructuring, Company legal issue, Company organization, Government regulation, Company bankruptcy, Company restructuring/company reorganization, Business, international
Abstract

A Johnson & Johnson subsidiary that is pursuing a US bankruptcy to resolve thousands of talcum powder lawsuits has filed its plan for compensating cancer victims with pending claims, and [...]

Published
2023

9. Inflation, The Judicial College Guidelines And Assessing General Damages

Author

Boyce, Emmett

Subjects
Personal injuries -- Remedies, Damages -- Laws, regulations and rules, Government regulation, Business, international
Abstract

In a time of rampant inflation, we consider the approach of the court in the case of Blair v Jaber when assessing general damages in PI cases The Judicial College [...]

Published
2023

10. The Dekagram: 19th June 2023

Author

Prager, Sarah

Subjects
Personal injuries -- Remedies, Inflation (Finance) -- Laws, regulations and rules -- United Kingdom, Damages -- Laws, regulations and rules, Government regulation, Business, international
Abstract

Members of the team have just spent an enjoyable few days at the PEOPIL conference in Thessaloniki, a Greek city of many architectural, archaeological and historical wonders, quite apart from [...]

Published
2023

11. Live Nation V Aviva: A Landmark Insurance Defence Case

Author

Samsoondar, Rachelle

Subjects
Personal injuries -- Remedies, Liability insurance -- Cases, Company legal issue, Business, international
Abstract

Insurance defence cases often have far-reaching implications, setting precedents that shape the future of the industry. One such notable case is Live Nation v. Aviva, which recently unfolded in the [...]

Published
2023

12. Skiing Accident: What To Do And How To Claim Compensation?

Author

Boccadutri, Calogero

Subjects
Personal injuries -- Remedies, Compensation (Law) -- Laws, regulations and rules, Skis and skiing -- Accidents, Government regulation, Business, international
Abstract

If you have been involved, free from blame, in a skiing accident, you are entitled to compensation. Aside from calling for help, it is important to take photos, collect witness [...]

Published
2023

13. The Dekagram 27th March 2023

Author

Rimmer, Hugh

Subjects
Personal injuries -- Remedies, Damages -- Laws, regulations and rules, Government regulation, Business, international
Abstract

This week the team has been musing on the forthcoming Coronation - as our readers will know, we do love a party. Speaking of which, it's Silks Day, and as [...]

Published
2023

14. Queensland Supreme & District Court award for personal injuries in 2022

Subjects
Personal injuries -- Remedies, Damages -- Forecasts and trends -- Statistics, Market trend/market analysis, Business, international
Abstract

In Queensland, the Supreme and District Courts are now closed for the holiday period, set to reopen in mid-late January 2023. We look back on the decisions reported in 2022 [...]

Published
2023

15. Which Losses Are Recoverable In A Personal Injury Lawsuit?

Author

Toledo, Mariana

Subjects
Personal injuries -- Remedies, Compensation (Law) -- Laws, regulations and rules, Government regulation, Business, international
Abstract

Injuries from a car accident, a slip and fall or an assault can affect one's ability to continue with day-to-day life. An individual who suffers losses due to another's wrongdoing [...]

Published
2023

16. Swept away: should courts retain a recklessness standard in assessing rescuer injury claims under the maritime rescue doctrine?

Author

Acciaioli, Anthony

Subjects
Personal injuries -- Remedies, Recklessness (Law) -- Laws, regulations and rules -- Standards, Search and rescue operations -- Laws, regulations and rules -- Remedies, Marine accidents -- Laws, regulations and rules -- Remedies, Government regulation
Abstract

INTRODUCTION The Roman poet Ovid once remarked that "the shipwrecked man shrinks even from calm waters." (1) Indeed, humanity has long respected and feared the expansive reaches and tremendous power [...]

Published
2016

17. Court Of Appeal Provides Guidance On Proportionality In The Assessment Of General Damages

Author

Brennan, Padraic

Subjects
Personal injuries -- Remedies, Proportionality (Law) -- Laws, regulations and rules, Government regulation, Business, international
Abstract

Background The recent judgment of the Court of Appeal delivered on the 8th of September 2022 in Kevin Meehan v Shawcove Ltd and Ors1 provides helpful guidance on how the [...]

Published
2022

18. The enigma of community responsibility: ethical reflections on accident compensation.

Author

Gaskins, Richard

Subjects
Personal injuries -- Remedies, Compensation (Law) -- Ethical aspects, Social ethics -- Analysis, Community life -- Analysis -- Ethical aspects, Social sciences and ethics -- Analysis
Abstract

I BACKGROUND The toll of personal injury is one of the disastrous incidents of social progress, and the statistically inevitable victims are entitled to receive a co-ordinated response from the [...], Lurking behind the familiar ACC principle of 'community responsibility' are some core questions about what it means to be a community, and how responsibility is to be assigned. The original ACC blueprint took a distinctive approach to both terms--which was diluted in the process of implementation and further weakened in successive legislative amendments. And yet, mysteriously, over five decades, the language of 'community responsibility' has remained at the centre of ACC policy discourse. Reflecting on ethical presumptions can clarify these evolving meanings, reframing key questions for future ACC debates.

Published
2015

19. A dose of reality for specialized courts: lessons from the VICP.

Author

Engstrom, Nora Freeman

Subjects
Personal injuries -- Remedies, Vaccination -- Laws, regulations and rules, Courts of special jurisdiction -- Health aspects -- Evaluation
Abstract

3. Remedy: Non-Exclusive Versus Exclusive Third, the Vaccine Act contains a tort opt-out provision: Though all seeking compensation for vaccine-related injury must initially file in the VICP, unsatisfied petitioners can [...]

Published
2015

20. A dose of reality for specialized courts: lessons from the VICP.

Author

Engstrom, Nora Freeman

Subjects
Personal injuries -- Remedies, Vaccination -- Laws, regulations and rules, Courts of special jurisdiction -- Health aspects -- Evaluation
Abstract

The latest in a long line of reform proposals, health courts have been called "the best option for fixing our broken system of medical justice." And, if health courts' supporters [...]

Published
2015

21. Capping plaintiffs' rights: why do some constitutional challenges to damages caps succeed, while others fail? It often comes down to specific factors, such as the type of claim or a state's constitution - and some challenges can do more harm than good.

Author

Nannery, Valerie M. and Hinkle, Daniel

Subjects
Personal injuries -- Remedies, Limitation of damages -- Remedies, Constitutions, State -- Remedies
Abstract

Why do some constitutional challenges to damages caps succeed, while others fail? It often comes down to specific factors, such as the type of claim or a state's constitution--and some [...]

Published
2016

22. The Limitations Act As A Sword And Shield

Author

Kadavil, Lenci

Subjects
Personal injuries -- Remedies, Limitation of actions -- Laws, regulations and rules, Government regulation, Business, international, Canada. Limitations Act
Abstract

Counsel Comments provided by Counsel for the successful Respondent, Lenci Kadavil Eberle v Terroco Drilling Ltd, 2022 ABCA 8 Using the Limitations Act, as either a sword or shield is [...]

Published
2022

23. The Weekly Roundup: The Be Careful What You Wish For Edition

Author

Wilcox, Russell

Subjects
Personal injuries -- Remedies, Extraordinary remedies -- Laws, regulations and rules, Government regulation, Business, international
Abstract

This week's edition of the Roundup concerns two cases involving costs agreements which parties may subsequently have come to regret: the decisions in Doyle v M&D Foundations and Building Services [...]

Published
2022

24. How Much Can I Sue For A Dog Bite?

Author

Brown, Patrick

Subjects
Personal injuries -- Remedies, Liability (Law) -- Remedies, Bites and stings -- Laws, regulations and rules, Government regulation, Business, international, Ontario. Dog Owners' Liability Act
Abstract

Dog Owner Liability Did you know that in Ontario there is a Dog Owners' Liability Act that holds the owner of a dog strictly liable for damages resulting from their [...]

Published
2022

25. Florida Supreme Court Decision Limits Special Damages Presented To Juries

Author

Rine, John A.

Subjects
Florida. Supreme Court -- Powers and duties, Personal injuries -- Remedies, Damages -- Laws, regulations and rules, Government regulation, Business, international
Abstract

Tampa, Fla. (June 16, 2022) - Verdicts in personal injury cases are greatly impacted by the amount of medical expenses a plaintiff can present to juries. In Florida, collateral sources [...]

Published
2022

26. How Spinal Cord Injury Claims Can Help Victims Improve Their Quality Of Life

Author

Boyd, Gary

Subjects
Personal injuries -- Remedies, Spinal cord injuries -- Remedies, Damages -- Laws, regulations and rules, Quality of life -- Management, Government regulation, Company business management, Business, international
Abstract

Compensation enables victims to make a plan for life and gives them autonomy over their future Spinal cord injuries (SCIs) can have devastating effects on people's lives. As well as [...]

Published
2022

27. The ins & outs of vaccine injury cases: handling vaccine injury cases requires a unique understanding of the underlying injuries and causes, what constitutes a valid claim, and the vaccine court system.

Author

Cohan, Lawrence R. and Carney, David J.

Subjects
Personal injuries -- Remedies, Vaccination -- Laws, regulations and rules, National Childhood Vaccine Injury Act of 1986
Abstract

When we lecture on vaccine injury cases, we always begin with two questions. First, "Has everyone had their vaccinations?" We tell everyone that they should. Second, "If you or someone [...]

Published
2015

28. Taking on Infuse and preemption.

Author

Goldenberg, Marlene and Mura, Andre M.

Subjects
INFUSE Bone Graft (Medication) -- Complications and side effects, Personal injuries -- Remedies, Off-label prescribing -- Laws, regulations and rules, Exclusive and concurrent legislative powers -- Laws, regulations and rules, Food, Drug and Cosmetic Act, Medical Device Amendments of 1976
Abstract

Off-label uses of Infuse Bone Graft led to severe injuries for patients. You need to be ready to counter the defense's arguments for express and implied preemption-in Infuse cases and [...]

Published
2015

29. Recovery of future medical expenses for novel treatment.

Author

Hansen, Mark D. and Thompson, J. Matthew

Subjects
Expert evidence -- Laws, regulations and rules, Health care costs -- Laws, regulations and rules, Personal injuries -- Remedies, Government regulation
Abstract

FUTURE medical expenses have always been an important component of personal injury jury awards. As medical technology advances, so do awards for future medical expenses. Advanced medical techniques are being [...]

Published
2015

30. Dropping the anchor: people often rely on the first number they are given as a baseline when making decisions.

Author

Peterson, Kathleen Flynn, Thompson, Brandon, and Lee, Lindsey

Subjects
Damages (Law) -- Management, Personal injuries -- Remedies, Anchoring and adjustment (Psychology) -- Analysis -- Usage -- Influence, Legal case management -- Psychological aspects, Company business management
Abstract

"Anchor" has two meanings: a heavy object that drags something down or a stabilizing object that strengthens and supports. And like a physical anchor, using anchoring techniques in your personal [...]

Published
2017

32. Life Beyond Settlement For Your Personal Injury Clients

Author

Farine, Jonathan

Subjects
Personal injuries -- Remedies, Compromise and settlement -- Laws, regulations and rules -- Management, Government regulation, Company business management, Business, international
Abstract

From commencing a personal injury lawsuit until the settlement of the case, injured clients are generally focused on recovering from their injuries and successfully obtaining the compensation that they deserve. [...]

Published
2022

33. Jury awards $4.4M for injuries from fallen elevator.

Author

Baugher, David

Subjects
Personal injuries -- Remedies, Elevators -- Accidents -- Laws, regulations and rules -- Remedies, Damages -- Laws, regulations and rules, Government regulation
Abstract

Byline: David Baugher A man who was injured by a falling elevator in his newly purchased home will net more than $4.4 million from a Georgetown County jury's verdict in [...]

Published
2021

34. Acoustic separation and biomedical research: lessons from Indian regulation of compensation for research injury

Author

Larkin, Megan E.

Subjects
Remedies, Laws, regulations and rules, Compensation and benefits, Government regulation, Human medical experimentation -- Laws, regulations and rules, Personal injuries -- Remedies, Medical research volunteers -- Compensation and benefits
Abstract

In early 2013, the Indian Central Drugs Standard Control Organisation, under supervision of the Health Secretary, introduced new rules governing the conduct of clinical trials involving human participants. Among other [...]

Published
2015

35. Defining compensable injury in biomedical research

Author

Larkin, Megan E.

Subjects
Remedies, Laws, regulations and rules, Government regulation, Human medical experimentation -- Laws, regulations and rules -- Remedies, Personal injuries -- Remedies, Compensation (Law) -- Laws, regulations and rules
Abstract

III. USING ETHICAL JUSTIFICATIONS TO DEFINE 'COMPENSABLE INJURY' A. Causation All justifications for compensation of research related injury incorporate a requirement of causation. A duty of risk-minimization based in nonmaleficence [...]

Published
2015

36. Defining compensable injury in biomedical research

Author

Larkin, Megan E.

Subjects
Remedies, Laws, regulations and rules, Government regulation, Human medical experimentation -- Laws, regulations and rules -- Remedies, Personal injuries -- Remedies, Compensation (Law) -- Laws, regulations and rules
Abstract

Biomedical research provides a core social good by enabling medical progress. In the twenty-first century alone, this includes reducing transmission of HIV/AIDS, developing innovative therapies for cancer patients, and exploring [...]

Published
2015

37. What to do with Daubert: how to bring standards of reliable scientific evidence to the national vaccine injury compensation program.

Author

Boxler, Brandon L.

Subjects
Personal injuries -- Remedies, Evidence (Law) -- Laws, regulations and rules, Evidence, Scientific -- Standards, Vaccines -- Laws, regulations and rules, Daubert v. Merrell Dow Pharmaceuticals, Inc. (509 U.S. 579 (1993)), Government regulation
Abstract

TABLE OF CONTENTS INTRODUCTION I. THE LEGAL SYSTEM'S INTERACTION WITH NATIONAL IMMUNIZATION POLICIES A. Benefits and Risks of Vaccination B. Good Law Is Rooted in Good Science Co Junk Science [...]

Published
2011

38. The peacemaker test: application and comparison.

Author

Munford, Luther T.

Subjects
Mental distress (Law) -- Remedies, Wrongful death -- Remedies, Personal injuries -- Remedies, Frivolous suits (Civil procedure) -- Laws, regulations and rules, Government regulation
Published
2010

39. The case of 'losses in any event': a question of duty, cause or damages?

Author

Stiggelbout, Mark

Subjects
Duty of care (Law) -- Laws, regulations and rules, Pure economic loss doctrine -- Laws, regulations and rules, Negligence -- Remedies, Personal injuries -- Remedies, Calvert v. William Hill Credit Ltd. (2008 E.W.C.A. Civ. 1427), Government regulation
Published
2010

40. The business of suing: determining when a professional plaintiff should have standing to bring a private enforcement action.

Author

Murrill, Brandon

Subjects
Personal injuries -- Remedies, Class actions (Civil procedure) -- Reports -- Usage -- Political aspects -- Laws, regulations and rules, Standing (Law) -- Laws, regulations and rules, Government regulation, Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003
Abstract

TABLE OF CONTENTS INTRODUCTION I. THE PROBLEM: IDENTIFYING A PROFESSIONAL PLAINTIFF AMONG ORDINARY PLAINTIFFS A. Defining the Professional Plaintiff B. Difficulties in Distinguishing Professional Plaintiffs 1. The Plaintiff's Role in [...]

Published
2010

41. An argument for requiring officer identification.

Author

Crapko, Jeffrey A.

Subjects
Police -- Laws, regulations and rules, Arrest -- Laws, regulations and rules, Knock-and-announce rule -- Laws, regulations and rules, Personal injuries -- Remedies, Government regulation, Civil Rights Act of 1871 (42 U.S.C. 1983), United States Constitution (U.S. Const. amend. 4)
Published
2010

42. Reaching equilibrium in tobacco litigation.

Author

Henderson, James A., Jr. and Twerski, Aaron D.

Subjects
Tobacco industry -- Cases, Class actions (Civil procedure) -- Laws, regulations and rules, Personal injuries -- Remedies, Products liability -- Remedies, Company legal issue, Government regulation
Published
2010

46. Thoughts on preemption in the wake of the Levine decision.

Author

Lietzan, Erika Fisher and Pitlyk, Sarah E.

Subjects
Failure to warn (Law) -- Laws, regulations and rules, Personal injuries -- Remedies, Exclusive and concurrent legislative powers -- Laws, regulations and rules, Exemplary damages -- Laws, regulations and rules, Warning labels -- Laws, regulations and rules, Wyeth Pharmaceuticals, Inc. v. Levine (129 S. Ct. 1187 (2009)), Government regulation
Published
2010

47. How should the law respond to stress-related claims?

Author

Elvin, Jesse

Subjects
Job stress -- Remedies, Occupational health and safety -- Laws, regulations and rules, Personal injuries -- Remedies, Work-related injuries -- Remedies, Government regulation
Abstract

1. INTRODUCTION This article considers how the law should deal with certain significant issues associated with personal injury claims arising from occupational stress. After dealing with wider issues relating to [...]

Published
2010

48. Latino/a plaintiffs and the intersection of stereotypes, unconscious bias, race-neutral policies, and personal injury.

Author

Bribriesco, Andrew W.

Subjects
Personal injuries -- Remedies, Discrimination in justice administration -- Remedies, Race discrimination -- Remedies, Hispanic Americans -- Laws, regulations and rules, Government regulation
Abstract

I. INTRODUCTION A man is driving down the street in his pickup truck. (1) He is on his way to work. For twenty years, the man has taken the same [...]

Published
2010

50. Recorded Statements: Tips For Workers' Compensation Adjusters

Author

West, Luke A.

Subjects
Personal injuries -- Remedies, Workers' compensation -- Laws, regulations and rules, Government regulation, Business, international
Abstract

As part of the employer's and carrier's prompt investigation of a claim, NCIC Rule 608 allows the taking of a recorded statement to determine the facts and circumstances surrounding the [...]

Published
2021

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