Falls are one of the leading causes of personal injury accidents throughout the United States. While falls can happen anywhere, these accidents are especially common on stairs. Each year, more than 1 million victims injure themselves on stairways. All property owners and managers are legally obligated to keep their properties…
The spinal cord is a long, cylindrical pathway that connects your brain to your lower back. It is a delicate structure composed of vertebrae, discs, nerves, and other tissues. A spinal cord injury consists of any damage to a segment of the spinal cord or nerves at the end of…
We have all heard stories about collisions involving motorists driving towards oncoming traffic in the wrong lane. Wrong-way car accidents occur when a car driving in an inappropriate direction strikes another vehicle. Typically, wrong-way car accidents result in head-on collisions. These car crashes occur more often than most people would…
Between 1953 and 1987, over one million Marines, military contractors, and their families living or working at Camp Lejeune and Marine Corps Air Station (MCAS) New River may have been exposed to toxic chemicals through water contamination. Military officials were aware of the tainted water as early as the 1950s.…
Certain deeds, papers, and writings must be notarized to qualify as evidence of the facts therein contained. To notarize a document, it must be signed and sworn in front of a public official called a notary public. In other words, a notary public serves as an impartial witness to execute…
By definition, hearsay is any statement made outside of court but repeated at trial to support the legitimacy of the asserted matter. The hearsay rule regulates what evidence a judge or jury can take into account at trial and can apply to both oral testimony and written documents. When a…
To prove fault in most personal injury lawsuits, a plaintiff must show that the defendant was negligent. Victims have the burden of demonstrating four legal elements to prove negligence. The first element of negligence is the at-fault party’s duty of care. Typically, this is one of the easiest elements to…
If you have suffered severe injuries in an accident caused by someone else, it only seems fitting that the person or business should be held liable for your losses. Unfortunately, personal injury cases are not always as straightforward as most people think. While the victim has to prove that the…
In a personal injury or wrongful death lawsuit, the plaintiff may be eligible to obtain damages for their losses resulting from a defendant’s negligence. These damages are typically compensatory, meaning that they are designed to compensate victims for their actual injuries. Compensatory damages can be economic and non-economic, such as…
Under New York law, a victim who pursues damages, also known as a plaintiff, has the burden of proof. In other words, the plaintiff must present evidence to establish the legal elements required to prove the particulars of their claim. An Affirmative Defense Can Shift The Burden Of Proof The…