Recent Posts in General Damages Category

  • Are Damages Limited or Capped in Medical Malpractice Cases?

    State statutes may determine whether or not your damages will be limited or capped when it applies to medical malpractice cases. What is a cap? Some states will place a limit, also known as a cap, on the amount of money that an injured plaintiff will be able to receive. This applies even in cases where their medical malpractice case is successful and a jury has found that a health care ...
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  • Insurer and Bad Faith in Injury Cases

    In some cases, an insurance company may be operating in bad faith, which means that their negotiations may be set up to work against you. When you are working on negotiating a settlement with your insurance company, bad faith can come into play – and this poses an issue, because insurance companies have a duty to protect you and to negotiate all of your claims in good faith. Not only this, but ...
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  • What is a Defective Product Liability Claim?

    In some cases, people will use a product and become injured or suffer other damages. In these cases, they will have a defective product liability claim. The claims will typically fall into these categories: defective manufacture, defective design, or failure to provide adequate warnings or instructions concerning the proper use of the product. Defectively Manufactured Products When a defectively ...
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  • The "Right" Medical Treatment Increases Your Settlement Value

    What are damages? This related to a sum of money that is claimed or awarded in compensation for a loss or an injury. If you have been injured due to the negligence of another person, you may be eligible for receiving damages to compensate for your losses. However, medical treatment plays a very large part in how much you are going to receive when it comes time for settlement. An injury damages ...
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  • Factors That Affect the Value of Your Personal Injury Settlement

    Have you recently been injured in a personal injury case and don’t know what to expect for settlement? As an injured person, you can expect compensation if one party is held negligent for their actions. However, there are some things you should keep in mind before you make determinations on the matter. For instance, ask yourself: After my injury, did I seek medical attention? This is an important ...
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  • The Damages and Compensation Formula

    The first thing you will want to understand after an accident are what types of damages you may look forward to receiving. There are special damages, which are the measurable amount of money you lost and will continue to lose due to negligence stemming from an accident. This can include medical bills and lost wages. General damages, on the other hand, are losses that you have endures and will ...
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  • Punitive Damages For Gross Negligence

    Let’s say you’re going for a very serious emergency surgery at the hospital. Consider there’s a surgeon there who seems “just not into” his job very much, but against better judgment, you let it slide. You wake up in recovery and go about your normal life for a few weeks until something doesn’t seem right. You become ill. Upon further inspection, it is found that the surgeon closed the wound with ...
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  • Special vs. General Damages

    In California, like in many other states, General and Special damages can apply to your personal injury case. If you have become injured at the hands of another party (due to negligence or other factors) you may have already discovered that you are entitled to damages. Now you can find out the difference between the two and how they may apply to your specific case. What are General Damages? ...
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  • The Truth About Secondhand Smoke

    Secondhand smoke can pose health risks – that’s a fact! New studies have confirmed that a behavioral risk is greatest among children exposed both in the womb and at a very young age. A study conducted in France on more than 5,200 primary school students found that those that were exposed to secondhand smoke while in the womb or at a young age were at a higher risk for behavioral problems. Why is ...
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  • Is Your Personal Injury Settlement Taxable?

    After a personal injury case is settled, you may ask yourself: What happens next? In some cases, people will receive their compensation quickly, aside from the contingency fee that they owe to an attorney. In other cases, tax issues may pop up regarding the personal injury settlement. Is compensation for physical injury taxable? As a general rule, it is instilled that compensation received from ...
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  • Settling Your Personal Injury Claim FAQ

    Why is it important for me to settle my personal injury claim? After an accident, you have the legal right to pursue compensation for your injuries and your losses through the court system. Typically, there are insurance policies in place that are designed to cover your losses. These insurance providers will normally prefer to pay you a settlement amount in return for your agreement not to pursue ...
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  • $13,500,000.00

    HIGH SPEED REAR END COLLISION – CATASTROPHIC BRAIN INJURY

    A car was rear-ended at high speed on a freeway exit, causing the bumper to be pushed into back seat where a 22-year- old ...

  • $6,000,000.00

    DELIVERY TRUCK ACCIDENT – AMPUTATION & BRAIN INJURY

    National package delivery truck driver veered from his lane of traffic to on-coming lane and hit head on, drove up, and over ...

  • $4,250,000.00

    MOTORCYCLIST STRUCK BY VAN—SEVERE LOWER LEG INJURY

    A school van turned left in front of a motorcyclist, nearly taking off his lower left leg. The accident resulted in a serious ...