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PERSONAL INJURY NEWSLETTERS | Titolo Law Office

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What is Post Traumatic Stress Disorder
Post-Traumatic Stress DisorderDuring the month of February, I will do a short series of posts on Pos ... [more]

Center for Disease Control on Putting Students Back Into Play
I was reviewing Feeds from the Center for Disease Control and came across this"Return to Play P ... [more]

Child Abuse Changes the Brain
 When children have been exposed to family violence, their brains become increasingly "tun ... [more]



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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