| Pain and Suffering Damages |
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| An injured plaintiff has the right to recover damages for pain and suffering that he might suffer as a result of a defendant's tortious act against the plaintiff. Pain and suffering damages frequently constitute the largest portion of personal injury awards. More... |
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| Proving Defamation Damages |
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| A lawsuit for defamation has the following basic elements: (1) making a false statement; (2) about a person; (3) to others; and (4) actual damages (if the harm to the person is not apparent). There is a fifth element when the person is a public official or public figure. In such a case, the person who made the statement has to have made it with a known or reckless disregard of the truth. This article discusses the fourth element, actual damages.More... |
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| Tax Consequences of a Settlement in a Tort Action |
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| When a plaintiff and a defendant enter into a settlement of the plaintiff's tort action, the tax consequences of the settlement will depend upon whether the damages are allocated in the settlement agreement. More... |
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| Examples of Non-Defamatory Opinion |
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| Defamation lawsuits are not easy to win because the plaintiff must both prove the difficult elements of his or her case and avoid the many defenses to defamation. This article discusses two examples of one of the standard defenses to defamation: opinion.More... |
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| The Duty of Adults to Children |
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| Generally, the law requires a person to exercise the degree of care that a reasonably prudent person would exercise under the same circumstances. This is called "the duty of reasonable care." A person who breaches his duty of reasonable care is guilty of negligence.More... |
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