Safety and Health Reporter

Valuing Wrongful Death Case
Valuing wrongful death suits is very difficult. There is no fixed parameter as to what a wrongful death case is worth.  In Virginia there was a time, approximately 40 years ago, when there was a $25,000 cap on what could be recovered in a wrongful death action.  Prior to that, wrongful ...
Excess Exposure In Liability Claims
Excess exposure in liability claims needs to be dealt with promptly.If you are sued as a result of an automobile accident or other type of injury claim and the party that is suing you is claiming that you are responsible for their damages, then that claim should be immediately submitted to ...
The Logic of Settling
The logic of settling needs to be looked at.If you are injured in an auto accident, slip and fall or other type of circumstance then, in most cases, it makes sense to submit your claim to the insurance company to see if the matter can be resolved prior to the ...
Scienter
Scienter is a term that relates to the knowledge of the wrongdoer.  Certain types of claims do require some scienter.  For instance, in a fraud claim scienter is necessary.  Scienter in that context means that the person committing the fraud must have intended to make the fraudulent representation.  That intent is ...
Mass Torts
Mass torts are torts wherein there are a number of parties who have been injured.  For instance, a train wreck may result in a mass tort claim involving all of the passengers on that train. Likewise, if an entire community has been effected by pollutants then the residents in that community that ...
Affirmative Defenses
Within tort law there are several affirmative defenses.  An affirmative defense is a defense that may be a bar to the plaintiff pursuing the claim.  One of the most common of those defenses in Virginia, D.C. and Maryland is the defense of contributory negligence.  Contributory negligence is a common law ...
Case Law
Any lawyer will tell you that in researching  case law that has been reported over the years throughout all of the courts in the United States, it is quite possible to find a case that supports virtually any position one may want to assert.  The mere fact, however, that some judge or panel ...
Criminal Versus Tort
Criminal versus tort: There may on occasion be some overlap between criminal law and tort law.  For instance, certain criminal acts may also be called tortious, i.e. constituting a basis for a tort claim. If you get punched in the nose by someone without justification, then that conduct by the other ...
Administrative Law
Administrative law is a branch of law that is separate and distinct from civil or tort law and likewise is separate and distinct from criminal law. Probably the easiest way to think of the different branches of the law is that the law breaks down into civil aspects, criminal aspects and ...
Tort Law and Health Care
Within the general field of health care there is a good deal of discussion of tort law and health care  because tort actions comprise what are more commonly known as medical malpractice or medical negligence actions.  In medical malpractice or medical negligence suit is premised upon the physician or health care provider having violated ...
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