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Articles Posted in Personal Injury Case Law

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The Importance of Naming All Potentially Liable Parties in a Personal Injury Lawsuit

Personal injury cases are often more complex than accident victims originally believe. One reason for this is that determining who may be liable for the accident is not always a straightforward task. Commonly, an accident involving only two vehicles involves more than just two parties. For example, if the at-fault driver was…

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Default Judgment May Be Entered in Favor of Plaintiff if Defendant Fails to Respond to Lawsuit

Earlier this month, a state appellate court issued an opinion in a case that reversed a lower court’s order granting a default judgment in favor of a plaintiff in a car accident case. In the case, Tucker v. Williams, the court ended up holding that the defendant’s failure to respond…

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Workers’ Compensation May Be the Sole Remedy for Some, But Not All, Accident Victims

Workers’ compensation is a program that is designed to compensate workers who are injured while on the job. In order to qualify for the program, an employer must meet certain criteria. If these criteria are met, an employee who is injured or killed while on the job may be required…

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State Court Affirms Summary Judgment in Favor of Employer and Truck Rental Company in Fatal Accident

The State Supreme Court of Maine recently affirmed a lower court’s decision to grant summary judgment in favor of a truck rental company and an employer after an employee who was driving the truck was killed when the van slid off an icy road. About a year and a half…

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Maryland Court of Appeals Finds Social-Host Liability in Alcohol-Related Accidents Involving Minors

As this blog has previously noted, Maryland does not have a Dram Shop Act that victims of drunk driving accident victims can use to hold the party who served the drunk driver responsible. However, according to a very recent case from the Maryland Court of Appeals, Maryland law now imposes…

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Court Permits Accident Victim’s Case against Church Alleging Dangerous Placement of Parking Lot

Earlier this month, a California appellate court issued a written opinion in a liability case allowing a pedestrian injured while crossing the street to attend a church event to sue the church under a premises liability theory. The court explained that, while the general rule is that a landowner is…

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Insurance Company Unsuccessful at Seeking Dismissal Based on Jurisdictional Argument Regarding the “Amount in Controversy”

Earlier this month, a Michigan appellate court issued a written opinion in a case involving a woman who was struck by a vehicle that was insured by State Farm in which the alleged damages were just $25,000, but the actual damages were far greater. In the case, Hodge v. State…

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Aggravation of Pre-Existing Injuries in Maryland Car Accidents

Being involved in a car accident can take a major toll on the body. While many serious car accidents result in new injuries that require treatment when none was needed before, other accidents can aggravate pre-existing injuries. This may be the case in even a low-speed collision when the impact is too…

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Court Errs in Excluding Plaintiff’s Evidence of Payments Received by Defendant’s Insurance Company

Earlier this month, an appellate court in Alaska issued a written opinion holding that a lower court erred when it denied the plaintiff the opportunity to submit evidence of the payments made by the defendant’s insurance company to the plaintiff to help establish the severity of the plaintiff’s injuries. In…

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State Court Rules Defendants Have a Right to Raise Seat Belt Non-use as an Affirmative Defense

Earlier this month, the Arkansas Supreme Court issued an opinion overruling a legislatively enacted rule that prevented defendants in personal injury cases from asserting that the accident victim’s failure to wear a seat belt at the time of the accident contributed to the cause of the victim’s injuries. In the…

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