Personal Injury Newsletters

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.

Nursing Home Abuse and Neglect

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.

The Collateral Source Rule

The "collateral source rule" is a legal rule that prevents a defendant from introducing evidence that a plaintiff has received payment from a third party. For example, a plaintiff is injured in an automobile accident with a defendant.

The Longshore and Harbor Workers' Compensation Act - Death Benefits

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.

The Medical Care Recovery Act

The federal government operates one of the largest health care systems in the world when it provides medical treatment and benefits to its members of the armed forces. For this reason, the Medical Care Recovery Act (MCRA) was enacted in order to allow the government to recover its expenses from a third party when the third party is responsible for injuries that have been sustained by an active duty service member, a retired service member, or a dependent of an active duty or a retired service member.