Personal Injury
| The Longshore and Harbor Workers' Compensation Act - Death Benefits |
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| If a maritime employee's death was caused by a work related injury, the employee's widow, widower, or other eligible survivor may recover death benefits under the Longshore and Harbor Workers' Compensation Act. The widow, widower, or survivor may also recover funeral expenses of up to $3,000. More... |
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| Nursing Home Abuse and Neglect |
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| With the increased number of elderly people in our population and the increased number of elderly people who reside in nursing homes, there has been an increase in the number of tort actions involving nursing home abuse and nursing home neglect. Although both federal and state agencies are responsible for inspecting and regulating nursing homes, many nursing home residents are being subjected to situations that may constitute abuse or neglect. More... |
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| The Federal Employers' Liability Act |
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| The Federal Employers' Liability Act (FELA) is an act that deals with a railroad carrier's liability to its employees for industrial accidents. If the carrier is engaged in interstate or foreign commerce, the carrier will be liable for its employees' injuries or death. However, the carrier is only liable for injuries or death that result from the negligence of the carrier's officers, agents, or employees or from a defect in the carrier's cars, engines, tracks, or machinery.
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| Alternative Causes of an Injury |
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| Ordinarily, a plaintiff in a personal injury action has the burden of proving that a defendant's negligence caused his or her 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 or her negligent act did not cause the plaintiff's injury. More... |
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| Wrongful Death and Survival Statutes |
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| Every state has some type of wrongful death statute that allows for a decedent's beneficiaries to recover damages after a defendant willfully or negligently causes the decedent's death. More... |
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