Buffalo Personal Injury Lawyer NewsCamp Lejeune Water Contamination Lawsuit
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. Still, they chose to ignore it and even failed to warn those on base. Although multidistrict litigation (MDL) was formed to streamline Camp Lejeune water claims, in 2016, a judge dismissed roughly 850 lawsuits under the Federal Torts Claims Act. Later in 2019, the Secretary of the Navy denied all remaining civil claims, which left approximately 4,500 plaintiffs with claims exceeding $963 billion in damages without compensation.
Fortunately, the United States government has decided to acknowledge the rampant water contamination that plagued Marines for over three decades. Once President Biden signs the Camp Lejeune Justice Act of 2022, veterans will finally have a chance to seek justice for the harm that they have suffered from the water contamination. This is excellent news for everyone affected by the tainted water, especially the victims previously denied justice. It is believed that this could be one of the most significant water contamination mass tort cases in history.
What Caused The Water Contamination?
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 acknowledgments on important documents requiring the administration of an oath. The general authority of a notary public is outlined in NY CLS Exec § 135. In New York, notaries must be commissioned by the Secretary of State. To become licensed, applicants must be a resident or have a place of business in New York State, be at least 18 years old, submit a completed application and pay the required fee to the Department of State, and pass the NYS Notary Public Exam. A notary public’s term of commission is four years. 
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 witness obtains information from someone else but did personally observe the event, unless some exception applies, that witness cannot repeat what the other person told them. Instead, the witness’s testimony must be based upon their own experience, a first-person account. In personal injury cases, the hearsay rule often has profound implications on proving legal issues, such as negligence and damages.
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 prove because everyone has a basic obligation to avoid unnecessarily injuring others. The duty to act appropriately is relevant in almost every situation and is often assumed by being in another’s vicinity. In other words, you must implement the same degree of caution and consideration that a reasonable person would exercise given the same situation. Someone does not need to assume the duty of care to another party voluntarily. It can be imposed just by being in a specific place at a specific time. 
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 other party was negligent, it is not uncommon to see the insurance adjusters or defense lawyers raise defenses. When certain defenses are successfully demonstrated, at-fault individuals may be able to wholly or partially avoid legal responsibility.
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 medical expenses, physical therapy costs, lost wages, property damage, pain and suffering, loss of enjoyment, and loss of consortium. 
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. 
Being the victim of an accident can be an extremely traumatic event, especially if you have suffered injuries, property damage, or other significant losses. Even seemingly minor accidents can have disastrous repercussions, such as life-long disabilities, permanent disfigurements, complete paralysis, and traumatic brain injuries. Since most accidents are unpredictable and transpire with little to no warning, victims are usually uncertain about their next steps. The last thing any accident victim wants to worry about is filing the proper forms. With a highly experienced personal injury attorney, the legal process after an accident does not have to be overwhelming. 
Being the victim of an accident resulting from another’s negligence or recklessness can have earth-shattering ramifications. Victims who sustain serious injuries forfeit small fortunes in lost incomes, medical bills, and rehabilitation costs. Not to mention, many suffer from severe physical, psychological, and emotional complications. Obtaining reasonable compensation for your injuries is often the best way to start recovering. After suffering severe accident-related injuries, victims frequently pursue personal injury lawsuits to recoup their losses. One of the main types of compensation that courts award to plaintiffs is called special or economic damages.
Suppose you have been seriously injured in an accident because of another’s wrongdoing. You may be eligible to pursue monetary compensation through a personal injury lawsuit. However, to hold the other party financially liable for your damages, you must first prove that they were negligent. Understanding the legal elements of negligence can help you win your Buffalo, New York injury claim.