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Although personal injury cases may result from an intentional act, such as defamation, or from reckless conduct, most personal injury claims are based on a theory of negligence. To hold a party or parties legally liable for injuries so damages based upon negligence, four elements must be proved: [ 10 ]
Solicitors quantify personal injury claims by reference to previous awards made by the courts which are "similar" to the case in hand. The Judicial College's Guidelines for the Assessment of General Damages in Personal Injury Cases are adjusted following periodic review of the awards which have been made by the courts since the previous review ...
By way of a legal fiction, 'personal injury' is treated as (physical) 'damage done', with the net effect that 'the actio injuriarum root of Scots law infuses the [nominate] delict assault as much as any development of the lex Aquilia' [72] and wrongdoing that results in physical harm to a person may give rise to both an aquilian action and an ...
Personal injury law is one of the most controversial topics in tort reform. In New Zealand, the tort system for the majority of personal injuries was scrapped with the establishment of the Accident Compensation Corporation, a universal system of no-fault insurance. Proponents of tort reform argue that the success of that system in guaranteeing ...
In personal injury cases, non-economic damages are defined as "pain, suffering, inconvenience, physical impairment, disfigurement, loss of consortium, or other nonpecuniary injury". In wrongful death cases non-economic damages are defined as "mental anguish, emotional pain and suffering, loss of society, companionship, comfort, protection, care ...
Palsgraf v. Long Island Railroad Co., 248 N.Y. 339, 162 N.E. 99 (1928), is a leading case in American tort law on the question of liability to an unforeseeable plaintiff.The case was heard by the New York Court of Appeals, the highest state court in New York; its opinion was written by Chief Judge Benjamin Cardozo, a leading figure in the development of American common law and later a United ...
The jury awarded plaintiffs $127.8 million in damages, the largest ever in US product liability and personal injury cases. Grimshaw v. Ford Motor Company was one of the most widely publicized of the more than a hundred lawsuits brought against Ford in connection with rear-end accidents in the Pinto. [1]
In practice, historically tort cases involving personal injury often involve contingent fees, with attorneys being paid a portion of the pain and suffering damages; one commentator says a typical split of pain and suffering is one-third for the lawyer, one-third for the physician, and one-third for the plaintiff. [2]