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Personal Injury Newsletter

Custom as Proof of Negligence

In some circumstances, custom may be used as proof of negligence in a personal injury action. For example, a worker in a sawmill is injured when he accidentally puts his hand onto the blade of an electric saw. More...

DEFENSES TO MOTOR VEHICLE NEGLIGENCE ACTIONS

When an owner or a driver of a motor vehicle is sued for negligence for an accident, the owner or the driver may claim several defenses in the lawsuit. Such defenses include that the person seeking damages was contributorily negligent, that the accident was unavoidable, that there was a sudden emergency, that the owner or the driver's conduct was not the proximate cause of the accident, or that the owner or the driver had an excuse. More...

Proximate Cause

In order to win a personal injury action, a plaintiff must prove that a defendant's negligence caused the plaintiff's injuries. In negligence law, there are two types of causation: (1) "cause in fact"; and (2) "proximate cause." The plaintiff must prove both types of causation.More...

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 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 negligent act did not cause the plaintiff's injury.More...

Comparative Negligence vs. Contributory Negligence

Under the legal doctrine of comparative negligence, when both the plaintiff and the defendant are guilty of negligence, the plaintiff's damage award will be reduced by the amount of his responsibility for the accident. For example, a motorcycle rider collides with a truck driver at an intersection. More...

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What is Traumatic Brain Injury after Iraq?
Why is Traumatic Brain Injury called the “Silent Epidemic”?
What are the economic Consequences of Traumatic Brain Injury?
Trouble Communicating with your Doctor?
Facts About TBI
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