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Breaking the chain (or novus actus interveniens, literally new intervening act) refers in English law to the idea that causal connections are deemed to finish. Even if the defendant can be shown to have acted negligently, there will be no liability if some new intervening act breaks the chain of causation between that negligence and the loss or damage sustained by the claimant.
Two months later, he was dead of a viral infection, varicella zoster virus encephalitis, which is among the conditions associated with AIDS, according to his family’s attorney, Ty Clarke.
Personal injury cases may also include toxic torts, in which a contaminant transmitted by air or water causes illness, injury, or death. Other tort claims may be pursued in conjunction with personal injury claims. The most common personal injury claim involves injury from a motor vehicle accident. [9]
Thus, when a patient claims injury as the result of a medical professional's care, a malpractice case will most often be based upon one of three theories: [10] Failure to diagnose: a medical professional is alleged to have failed to diagnose an existing medical condition, or to have provided an incorrect diagnoses for the patient's medical ...
Family and friends of a 15-year-old volleyball player who collapsed during practice and died in suburban Atlanta last week are calling into question the response time of emergency services.
Wrongful death is a type of legal claim or cause of action against a person who can be held liable for a death. [1] The claim is brought in a civil action, usually by close relatives, as authorized by statute. In wrongful death cases, survivors are compensated for the harm and losses they have suffered after losing a loved one.
Barbara Kentner (August 21, 1982 – July 4, 2017) was an Indigenous woman from Wabigoon Lake First Nation who died in 2017, six months after being struck by a trailer hitch thrown at her by Brayden Bushby from a moving vehicle in Thunder Bay, Ontario, Canada. Bushy was found guilty of manslaughter and sentenced to eight years in jail.
A structured settlement is a negotiated financial or insurance arrangement through which a claimant agrees to resolve a personal injury tort claim by receiving part or all of a settlement in the form of periodic payments on an agreed schedule, rather than as a lump sum. As part of the negotiations, a structured settlement may be offered by the ...
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