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Chrysler’s Recklessness in Defective Seat Case Will Cost it $18 Million

Chrysler Defective Seat Lawsuit 18 Million Defective Products

Chrysler’s Recklessness in Defective Seat Case Will Cost it $18 Million

The Daimler Chrysler Corporation was found to have acted recklessly in maintaining the design of the seats in its Dodge Caravan. It will cost the company $18 million after an eight month old child was killed when the seat collapsed in a rear end collision.
Defective and unreasonably dangerous seats
The case involves an eight month old boy who was riding in the back of his parent’s 1998 Dodge Caravan. The minivan was rear-ended by another vehicle and the front passenger seat of the minivan collapsed and crushed the child’s skull. The parent’s sued Daimler Chrysler for the defective design of the seats and alleged that they were unreasonably dangerous and that the company failed to correct the problem or to warn consumers of the potential dangers.
The verdict(s)
Even though Chrysler defended the case by showing that its design exceeded federal regulations, it was still held liable – along with the driver of the car that rear-ended the minivan whose limited insurance coverage could not even begin to compensate the child’s parents. A Tennessee jury found that the manufacturer has acted recklessly in the design of the seats and awarded the parents $5 million in compensatory damages and $98 million in punitive damages. However, Chrysler appealed and that amount was later reduced to $13 million – an amount that the child’s parents would no doubt forfeit to have their son back.
Personal injury and products liability often go hand in hand
While many people, including some general practice lawyers, would only view this tragic event as a personal injury case, the fact is that many personal injury cases often go hand in hand with products liability cases. It takes a savvy lawyer to understand how and when a defective or unreasonably dangerous product could have been responsible for the wrongful death.
Many attorneys focus their practices in this area of the law and know what to look for and how to go about recovering damages for which plaintiffs are rightfully entitled. If you’ve been involved in an accident, contact an experienced product liability attorney to discuss your situation.

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I have to give a deposition in my divorce case. What is a deposition and what’s going to happen?

What Is Deposition Divorce Law

I have to give a deposition in my divorce case. What is a deposition and what’s going to happen?

In most civil actions, including divorce cases in many states, both parties have the right to engage in “discovery” to gather facts from the other party, and sometimes from third party witnesses. A deposition is a type of discovery in which the lawyer for a party takes your testimony.

At the deposition you will be put under oath, just as you would be in a court, and a lawyer, in this case your spouse’s lawyer, can ask you a wide range of questions relating to the case. The lawyer’s questions, and your answers, will be taken down by a court reporter, and possibly be tape recorded and/or video-taped. A deposition is important and is not something to be laughed off. It was at a deposition in the Paula Jones sexual harassment case that President Clinton denied that he had “sexual relations” with Monica Lewinsky. The result was charges of perjury and obstruction of justice in his impeachment by the House of Representatives (although he was acquitted of those charges by the Senate), a finding that he was in contempt of court by the Federal Judge supervising the deposition (resulting in an enormous financial penalty), and disbarment proceedings in Arkansas.

Any “admissions” in the testimony you give will likely be introduced against you by the other side at the trial or in a motion before trial. Further, your testimony at the deposition will likely be used to cross-examine you if your testimony at trial varies in even the slightest detail from the testimony at the deposition. (“Didn’t you say X then and Y now? Was your memory better then or now? Were you lying then or are you lying now?”) In addition, if for any lawful reason a person who testifies at a deposition is not available at time of the trial, deposition testimony generally may be used as evidence.

At some depositions the witness or party may also be required to bring specified documents and records, and allow counsel for the parties to review them, to assist asking questions. For example, if there is an issue about what happened on a specified date, your adversary’s lawyer may ask that you bring your diary or calendar so you or they can refer to it, and refresh your recollection, so that it is harder to say “I don’t remember.”

You have the right to have your lawyer present at the deposition, and you definitely should. Your lawyer will help you protect your interests. First and foremost, your lawyer should spend time reviewing the facts with you and preparing you to give a deposition. A deposition is NOT a social conversation. Your lawyer will tell you to listen very carefully to each question and then answer it, and not to volunteer anything or raise other issues. Your lawyer will tell you that if you do not understand the question, ask for a clarification. Your lawyer may object to questions that are vague, improper, misleading, or irrelevant in that they do not relate to the specific case. The lawyer can also prevent the other side from using the deposition to harass you, or turning it into a fishing expedition. In addition, your lawyer may be able to assist you to avoid unnecessarily making statements that will damage your case. In addition, at the end of the questioning by the other side, your lawyer can ask you questions that may bring out, clarify or better present your side of the story.

The proper purpose of a deposition is to gather background and evidence and lock in the stories of the parties and the witness. By getting all the facts which the person may know down on paper, and obtaining whatever helpful admissions are possible from the other side, the lawyers can better prepare the case for trial. In some instances the testimony from the deposition will be used as part of a motion seeking judgment without a trial (such as “summary judgment”), or limit the matters that have to be presented at trial, or create an opportunity for the parties to settle the lawsuit.

The lawyer for the other side will also use the deposition session to evaluate how you are likely to appear to a jury. (Will you, in their opinion, appear likeable and believable, in command of the facts and able to express them clearly? Or might you come across as untruthful, defensive, evasive or arrogant?) That helps them determine whether they want to take the case to trial or what they will offer to avoid going to trial. Similarly, your lawyer will be able to assess your appearance under pressure, and be better able to advise you what you should do in terms of accepting an offer to get the case settled.

There is never a jury present at a deposition, and the number of times a judge is present is tiny (the exception that proves the rule was President Clinton’s ill-fated deposition). However, the lawyers may call a judge or another court officer if a dispute arises about whether you have to answer a particular question. Your adversary generally may attend your deposition, just as you generally may attend the deposition of other parties or witnesses in your case.

After the deposition is over, the court reporter will type out the transcript of the questions and answers, and all parties will receive copies. You will have the opportunity to review the record and make corrections, but generally the reporter’s word will prevail. (In major cases, where cost is not an object, both sides may have their own court reporters present.) The original may be filed with the court, and become publicly available, depending on the rules of the court or state.

Your deposition, when properly handled, can go a long way in assisting your lawyer in the litigation either by way of settlement or at the trial. What you do at the deposition can help you or hurt you, depending upon your attitude, truthfulness and appearance, as well as the facts and skill of the other side’s lawyer.

Click here for a helpful article on depositions.

What is reasonable pain and suffering?

Reasonable Pain And Suffering Injury Law

What is reasonable pain and suffering?

The question is really asking, what is a reasonable amount of money to be awarded for pain and suffering. Indeed, what is reasonable for something so intangible and subjective as one’s pain and one’s suffering? Everyone has a different pain threshold and human endurance. There is no specific answer. Dictionaries define the word reasonable as “rational”, “being within the bounds of common sense”, “not excessive or extreme”, “fair”. How much money for pain and suffering is reasonable? Is there a least common denominator for pain? A highest common multiple for suffering? No, of course not. There’s no such thing. So what do we look at to determine what is reasonable for pain and suffering? Often, lawyers look at cases where other people have had similar injuries – like a “blue book” for pain and suffering. In other words, they find a market value. But it’s not that simple.

Is it reasonable for someone who sustained only minor soft-tissue injuries (i.e., bruises, muscle strain, tendon strain, ligament strain) to collect $15,000 for pain and suffering while someone who suffered a fractured leg gets only $5,000? Maybe. Does it make sense for someone with some bruises and abrasions to get $50,000 while someone else with broken fingers gets only $20,000? Maybe. Why maybe?

Let’s take a look at the first situation. The person with the minor soft tissue injuries is 85 years old and has trouble getting around because of osteoarthritis, but managed fine before the accident. Now he experiences a lot more pain in his neck and back and can’t sit for any length of time and can’t walk to the grocery store and back. He needs to go the doctor for treatment, but that causes even more pain because it hurts to get into and out of a car. He also has a sensitive stomach, so is limited as to what kind of medication he can take to reduce the inflammation and pain. Does $15,000 sound better now? How about the person with the fractured leg? Suppose it was only a hairline fracture of the ankle requiring a soft removable cast for only two weeks. She works at a desk all day, rides an elevator up and down in the building. She told the lawyer in her deposition that it doesn’t hurt-she takes no pain medication. No physical therapy will be required afterwards. Only three visits to the doctor were needed, totaling $250 plus $100 for the removable cast. So, does $5,000 sound more “reasonable” now? Not excessive or extreme. Fair.

How about the second situation with the bruises and abrasions? $50,000 does seem like a lot of money, until you find out that the injured party has diabetes and will have to be hospitalized and face a long recuperation because of the open abrasions, if they go away at all. He may be treated for this malady for months or even years to come. He’s also prone to infection. A one week stay in the hospital could cost $10,000 just for the room itself, without taking into consideration the physicians’ bills, medical supplies, prescription medicines, etc. So, how does $50,000 sound now? As for the person with the broken fingers, his injury can be pretty painful. Well, broken fingers on a child heal very quickly-he’s only 4 years old. Did I mention it was his non-dominant hand? He’ll be fine in a week to ten days. There will be no pain when they’re splinted. He might be a little sore for a few days after the splint comes off. So, $20,000 sounds like it might even be too much, doesn’t it? As you can see, what’s reasonable for one person is not reasonable for another. All factors must be taken into account so a whole picture is formed before it is determined what is a reasonable award or settlement for pain and suffering.

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How do insurance companies and juries assign values to pain and suffering? What factors do they take into account?

Pain And Suffering Factors Injury Law

How do insurance companies and juries assign values to pain and suffering? What factors do they take into account?

Putting a value on pain and suffering is probably the most difficult task for a jury in any injury case. There is no scientific formula and no chart or table juries, attorneys or insurance companies can look to. Every injury, every injured person, every accident and every case is different and deserves a thorough evaluation. Two people can have the same injury and one can suffer little while the other suffers a great deal; or one offers better proof than the other with more complete documentation or better witnesses; or they can be in two different parts of the country and get completely different settlements or awards.

There are many, many factors that must be taken into account to determine how much money someone will get for their pain and suffering. Juries and insurance companies look at the credibility of the witnesses. Were the injured person’s actions consistent with those of someone who was in pain? Were there any pre-existing injuries? Were they able to do what they normally do in their everyday lives, or were they forced to change or reduce their activities. What is their tolerance for pain in general? What do they do for a living? What is their marital status and family situation? How sympathetic a witness do they make? How skilled is their attorney at presenting their case? All these factors go into the evaluation of pain and suffering. Having said that, suppose we look at a hypothetical case where everything is practically the same for the injured parties, so you can see how the above factors added either one at a time or in combination, effect the outcome.

Suppose three people were injured on a bus. They all have the exact same injury, were treated by the same physician, received similar treatment, and incurred the same medical bills. They are all in their mid-thirties, live in the same zip code area, used the same lawyer to represent them and were all able to go back to their regular activities after 3 days of rest and recuperation. They are all homemakers in their mid-thirties. Will they all get the same amount for pain and suffering? On the surface, they should, right? But, what if homemaker A has a lower tolerance for pain than homemakers B and C? Shouldn’t she get more because she suffered more? If she can convince the jury or insurance company of this, then, yes, she will probably get more. Even one small difference can change everything.

Now, let’s take a look at the real world where no one and nothing is the same. The following changes may each, or in combination with other changes, have an impact, sometimes a significant impact, on the amount each person will be awarded for pain and suffering.

. Job/Income

Let’s keep the first person a homemaker, and make the second a blue-collar worker for the postal service, making $35,000 a year. The third is a successful accountant who earns $250,000 a year. The attorney brought the lawsuit against the bus company and tried the case together before the same jury. Will they all get the same amount for pain and suffering? Again, in theory, they should. Nothing is different, except their jobs and incomes, and what does that have to do with pain and suffering? Might the jury see the accountant as well off and not as needy as the postal worker and, thus, give him less? Might the insurance adjuster see the homemaker as someone who can afford to stay home, also not so needy? Might they see the postal worker as the hardest working among them, and want to give him more money? Job and income can definitely tip a jury one way or the other.

. Different ages

The homemaker is 32, the postal worker, 50, and the accountant, 67. Will there be a difference in the amount they each get for pain and suffering now? Quite possibly. Why? The accountant, at 67, is likely close to retiring. A jury may see that he probably has saved a lot of money given his large income and is ready to retire and is not as needy as the others. Pain and suffering is not based on need, but juries are people just like you and me and swayed by things that talk to all of us. Or they can see it the other way, that he’s older and probably suffered more because his body is not in as good shape as the others. At 50, the postal worker likely has years to go before he retires and doesn’t make a lot of money as it is. They may be sympathetic to his plight and give him more. The homemaker is young and will probably heal quicker. Or they may see her as having suffered more because she had to continue caring for children while healing from her injury. So you see how a small change like the age of a person may have a big impact on the award, in either direction.

. Different community/lifestyle

The homemaker lives in a suburban, gated housing development in a single-family home. The postal worker lives in a one-bedroom apartment in an urban area, and he travels everywhere by bus. The accountant lives high in the hills over an urban area in a 4-bedroom house, and has a housekeeper. Will this change make a difference? It could very well. The postal worker is obviously (to a jury) the least well off and may come across as the neediest. Should that have anything to do with pain and suffering? It could; everything does. He has to take a bus to work from where he lives-that might equal more inconvenience for him, and they may be more sympathetic to that. The homemaker seems to be in very comfortable surroundings and she has chosen not to work or doesn’t have to. They may not want to give her much. And with a housekeeper, the accountant may not evoke much sympathy.

. Different attorney

Now let’s add a different attorney for each injured person into the mix. The homemaker’s husband is her attorney. He is really a family law attorney, but he thought he could handle this for his wife. The postal worker hired a personal injury attorney who represented his friend in a car accident. He’s been out of law school for two years and works for a small law firm. The accountant hired a personal injury attorney with whom he shares office space, and who has practiced for twenty years. Will this make a difference? Most definitely. You want an experienced attorney who knows how to evaluate your case, how to tell your story convincingly to the other side and to a jury, how to negotiate and advocate for you. I would bet the accountant would do better here than the other two as a result of their choices of attorney.

. Where the case is filed

If the accountant’s case is filed in New York City, the postal worker’s case is filed in Broken Bow, Nebraska, and the homemaker’s case is filed in Des Moines, Iowa, who do you think has a chance of getting a higher award for pain and suffering? If you said the accountant, you are probably right. It matters where the case is filed. Juries in urban areas, in general, award more money than in small towns and rural areas. Big cities generally award more than small cities.

. Attitude/witness quality

Suppose the postal worker is honest, but hesitant when he testifies because he’s nervous. He has trouble telling his story because he can’t find the right words. He looks scared to death. Perhaps the accountant has a bit of an attitude, and it comes across to the jury that he thinks he has a lot of money coming to him. His body language shows that he thinks he’s very important, he keeps looking at his watch, and he winks at a young woman on the jury. He also grins inappropriately when questioned by opposing counsel. The homemaker is confident in her testimony, well spoken, and comes across as honest. How will these “performances” affect the amount of money these people will get for pain and suffering? Well, if you were on the jury, would you want to give a lot of money to the snooty accountant? Wouldn’t you be more inclined to give more to the nice homemaker and the nervous postal worker?

. Pre-existing injury

Suppose we add to the mix, that the postal worker has had a pre-existing back injury. He was treated about three years ago for back and shoulder pain caused by carrying a postal bag for years. Nine months ago, the postal service allowed him to start driving a postal truck so he doesn’t have to carry the bag. He says his back has been fine for about 6 months now. Will this change his award for pain and suffering? Possibly. The jury may believe that his old injury was aggravated and he’s had more pain as a result, making them want to give him a greater award. Alternatively, they may believe that he wasn’t that injured on the bus-this is just his old back pain that never went away, causing them to want to give him less. He and his attorney will need to convince them of the first scenario to come away with a higher award.

. Medical Treatment

The homemaker went to a chiropractor three times a week for treatment for three months following the accident and the chiropractor wants her to continue coming once a week for maintenance for another three months. The postal worker went to his HMO doctor once and was told to use ice and heat and take ibuprofen for one week. The accountant went to an orthopedist, had x-rays, saw a physical therapist twice and was done. Does the medical treatment received have an impact on pain and suffering awards or settlements? You bet! If the amount and type of treatment appears to be reasonable and necessary for the injury, the injured party comes across as much more honest to the jury. More or less treatment does not necessarily mean more money for pain and suffering, but it’s definitely another factor that is considered. Of course, running up the bills unnecessarily is looked at with a fair degree of suspicion. Stretching out treatment for a minor injury may look like greed to a jury and certainly to an insurance company.

Again, all of these factors, working alone, or in concert, create a picture for the jury and the insurance company that will have an impact on the monetary compensation for pain and suffering in one way or another. All that being said, the amount of dollars awarded for pain and suffering are not just pulled out of a hat. There are some tools that insurance companies and lawyers may use to help them arrive at a figure or at least a range for the purpose of determining how much to “demand” from the other party or how much to ask a jury to award. There are reports of past jury verdicts in virtually all states that can be reviewed to determine if there is a case with similar circumstances and/or injuries and/or medical expenses. These publications can be used as a general guideline along with all of the factors discussed above to come to a fair evaluation of the case. Your experienced personal injury attorney will know how to assess the value of your pain and suffering–what factors to include and what resources to utilize.

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How long does it take to conclude a traumatic brain injury lawsuit?

Time To Conclude Lawsuit Injury Law

How long does it take to conclude a traumatic brain injury lawsuit?

A lawyer with experience in traumatic brain injury cases will probably be able to estimate how long a particular case will take. But don’t expect promises. Sometimes, a relatively simple case can take a long time. Delay can be caused by a variety of factors:

(1) Crowded courts

(2) Difficulty in obtaining medical records

(3) Busy lawyers, witnesses and medical experts

(4) Changes in the injured individual’s medical condition

These and other factors play a part in how quickly a case resolves. In general, if negotiations result in settlement, the time involved will be significantly shorter than taking the case to trial. It takes a lot of preparation to get a case to trial. And in addition to the preparation, because most courts are busy, cases get scheduled for trial months in advance.

If you or someone you know has suffered a traumatic brain injury as the result of an accident, seek the advice of an experienced personal injury attorney right away.

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Fair Debt Collection Practices Act Lawsuit: What Damages Are Available?

fair-debt-collection-act-lawsuit collections

Fair Debt Collection Practices Act Lawsuit: What Damages Are Available?

Collection agencies that use illegal tactics when collecting debts may be in violation of the Federal Debt Collection Practices Act (FDCPA) and state statutes that protect consumers. Damages in these cases vary depending upon the situation, but can add up quickly.
Available damages
We asked Steve Recordon, an attorney from San Diego, California whose firm represents individuals who have been sued or harassed by debt buyers, what types of damages are available in these cases. Although he said that damages really vary depending upon the situation, he provided the following example of what has become known in the industry as an “office party” where a collection company obtains the phone numbers of debtor’s coworkers and supervisors and contacts them with the intention of embarrassing the debtor:
The debt buyers, private companies that purchase consumer debt for pennies on the dollar and then use unscrupulous tactics in order to collect, call all your fellow employees, including your boss. They tell them about the debt. You’re embarrassed, humiliated and end up getting fired. When you have a situation like that, and it’s not uncommon, part of your damages are going to be your lost wages. Part of your damages may be due to the emotional distress. The damages relating to telephone cases can be substantial – quite substantial.
Recordon also says that certain groups of people tend to receive large jury awards. He explained, “These debt buyers often prey on older people that are on Social Security, those on fixed incomes or others that may not have all of their faculties in place, such as the disabled and the very poor. Those are their real targets, but cases involving these people can also result in substantial jury awards.”
Fight back
Recordon says that consumers can fight back when they’ve been sued or harassed by debt buyers. He told us, “It’s important to remember that under the FDCPA, if the case is decided in favor of the consumer, he or she will collect the $1,000 and not be responsible for attorneys’ fees. There’s no downside to a debtor that’s being harassed by these creditors in discussing their situation with an attorney. The only issue is that very few attorneys deal in this area. It’s a new area of law, an area of law that very few lawyers are familiar with and it’s an area of law that really is a specialty practice.”
If you’ve been sued or harassed by a debt buyer / collection agency, contact an attorney whose practice focuses in this area of the law to discuss your situation. Consultations are free, without obligation and strictly confidential. To contact an experienced attorney, please click here. We may be able to help.

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Debt Collection Agency Harassment: How a Lawyer Can Help

debt-collection-harassment collections

Debt Collection Agency Harassment: How a Lawyer Can Help

When you’ve been harassed or sued by a collection agency, debt collector or debt buyer, it’s important to know that there are lawyers whose practices focus in this area of the law. By hiring an experienced lawyer, consumers can fight back – and without cost.
When should you contact a lawyer?
Chances are that if you’ve been harassed or sued, you’ve already spent more time than you would like fighting with collection agencies, debt collectors and debt buyers (private companies that purchase consumer debt inexpensively and then do whatever it takes to collect). So, when is it time to contact a lawyer to act on your behalf?
Steve Recordon, a lawyer from San Diego, California whose firm represents individuals who have been sued or harassed by debt buyers, answered that question in a recent interview. Here’s what he said:
I like to be contacted right after the first harassing phone call or right after they’ve been served with a lawsuit. The reason is that there may be things I can do to shore up the case. These are often he-said, she-said types of situations – which is why it’s important to document and to document right away. Sometimes we get phone records from the collectors and find out that they’ve made a phone call every three minutes for two hours. They’ll deny it, but unfortunately for them, the records show that that’s exactly what they did.
Debt buyers are also only concerned with how much money a collector brings in. They aren’t concerned with the collector’s reputation. I saw one deposition where the debt collector had an eighth-grade education and a couple of felony convictions.
Have collection agencies been secretly recording your conversations?
Many collection agencies, debt collectors and debt buyers have been caught secretly recording conversations they have with debtors – a practice that can also be against the law. Recordon told us:
[I]t’s important to get a hold of a lawyer right away because one of the things that I tell a potential telephone harassment client is that I want them to talk to them the next time they call to give them an opportunity to do this again. We’ll take notes and maybe have someone else standing by the phone that can overhear part of the conversation. Some states allow you to record conversations, others don’t. So, you have to be careful about whether or not the conversation is recorded without telling the other party.
I’ll tell you what I find. A lot of times debt collectors are recording conversations whether they can or can’t and they’re not telling you. They’re violating statutes that provide for $5,000 in damages for every single recording that they make illegally. Illegal recordings are a very common practice with debt collectors.
Dinging Your Credit Report
Recordon says that dinging your credit report is another tactic used by collection agencies. He explained, “You may be going out to buy something on credit at Sears and find out that you’ve got a ding on your credit that you’ve never seen or heard of before. While you may have had nothing to do with this account (that may have been written off a long time ago), in order to get that washing machine at Sears, you’ve got to pay off this debt.”
“It would be even worse if you were buying a home. The escrow agent is going to require you to pay off any bad debt before they’ll loan you the money for the house. While you do that, the interest rate may go higher and you’ll get dinged on that side as well.”
Other deceptive practices
Illegally recording phone calls and dinging your credit report are just a few examples of what some of these companies will do to collect a debt. Recordon provided another example:
The attorneys for the debt collector serve a lawsuit. The debtor calls up and says, ‘Hey, I need to resolve this. I can’t have a lawsuit. I can’t have you going to my employer with a wage garnishment.’ The debt collection attorney agrees to stop the lawsuit, but insists that the debtor pays X number of dollars per month and that the money must be made via an automatic withdrawal from his account.
The debtor has no choice, agrees to it and has the money taken from his account each month. However, after four or five months, all of a sudden, the debtor gets a notice of an entry of judgment on the lawsuit. They went forward with the lawsuit anyway!
When asked whether the debtor in the example above would be able to recover the money he paid from the automatic withdrawals, Recordon – who is passionate about consumer rights – said, “He will if he comes to see me. Plus, he may have a cause of action against the debt collection attorney for breach of contract because he made a deal and didn’t stick with it.”
If you’ve been sued or harassed by a debt buyer / collection agency, contact an attorney whose practice focuses in this area of the law to discuss your situation. Consultations are free, without obligation and strictly confidential. To contact an experienced attorney, please click here. We may be able to help.

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What are the defenses to a defamation claim?

Libel Claim Defenses Libel And Slander

What are the defenses to a defamation claim?

Ideally you can assert that the remarks never happened or you were not involved in the discussion or writing. Outside of that, there are three main defenses to a defamation claim:

(1) The first is that the statement was privileged, and so must be held in strict confidence. Certain professions (doctors, lawyers, psychologists), or individuals (chiefly your spouse) may maintain a privilege; and if any non-privileged third party was part of the communication, the privilege is broken. Employees of a professional are included to the extent that you needed to use them to contact the professional. Don’t tell your deepest, darkest secret to your attorney’s secretary and expect to maintain the privilege.

(2) The second defense is that the statement is true, for “truth is an absolute defense.” Establishing the truth is the single most effective defense that can be made. If a truthful remark hurts, is embarrassing, or subjects you to ridicule, there is little you can do. Unless the remark is false, you do not have a valid claim.

(3) The third defense is that the statement was an opinion, not an assertion of a fact. This depends on the words used. There’s a world of difference between saying “I think he’s a crook,” and “He’s a crook.” However, a third party may pass on the message without quoting “I think,” and that can weaken the opinion defense.

To find out your best options, consult an experienced libel and slander attorney in your area.

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Are there any money damages that are unique to traumatic brain injury lawsuits? Is there a cap on damages?

Damages Unique Traumatic Brain Injury Injury Law

Are there any money damages that are unique to traumatic brain injury lawsuits? Is there a cap on damages?

If you suffered a traumatic brain injury, damages would include all the money it is going to take to put you back to the same financial state you were in before you were injured. In other words, first you ask, how much money will it take to pay all of your past and future medical expenses, your loss of past and potential earnings, and your personal care costs (these damages are referred to as economic damages). Then you ask how much your pain and suffering is worth (these damages are referred to as non-economic damages). If someone injured you on purpose, you may be able to get punitive damages. Punitive damages are awarded for the sake of punishing the person who caused the injury; so, if you were injured under particularly despicable circumstances (i.e., someone repeatedly beat you with a baseball bat), your punitive damages award could be in the millions.

In addition to damages that are awarded to you, your family may also be able to recover money damages for what they have lost: your care, companionship, love and affection.

Although a lawyer probably won’t promise to get you a particular amount, experience allows many lawyers with brain injury lawsuit experience to make good estimates of what your case is worth. Many elements are factored into a brain injury damages estimate, including:

(1) How severe your brain injury is

(2) How the brain injury affects your life

(3) Whether you were partially at fault for the incident that caused your injury

(4) Your past medical history

(5)Your pre-existing injuries

(6) How much your future medical care is going to cost

(7) How much you will lose in wages due to your injury

(8) Whether you will be able to recover punitive damages (if you were injured intentionally)

Many states have damage caps (limitations on what an injured party and/or family members can recover in personal injury cases). Caps on damages are the result of what is referred to as “tort reform.” In most cases, damages caps do not affect economic damages, but they do limit what you can recover for pain and suffering and punitive damages.

If you or someone you know has suffered a traumatic brain injury, seek the advice of a personal injury attorney right away.

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Is there a limit to the amount of damages I can collect in my traumatic brain injury lawsuit?

Time Limit Collect Tbi Injury Law

Is there a limit to the amount of damages I can collect in my traumatic brain injury lawsuit?

Many different things affect the damages amount in a traumatic brain injury case. And although a lawyer probably won’t promise to get you a particular amount, experience allows many lawyers with brain injury lawsuit experience to make good estimates of what your case is worth. Many elements are factored into a brain injury damages estimate, including:

(1) How severe your brain injury is

(2) How the brain injury affects your life

(3) Whether you were partially at fault for the incident that caused your injury

(4) Your past medical history

(5) Your pre-existing injuries

(6) How much your future medical care is going to cost

(7) How much you will lose in wages due to your injury

(8) Whether you will be able to recover punitive damages (if you were injured intentionally)

The greater the difference between your quality of life before the brain injury as compared to after the injury, the higher your damages can be. For example, if you were a stockbroker making $250,000 per year and now you are barely able to communicate, your damages will be higher than a retiree who was already suffering from the initial stages of Alzheimer’s disease.

Many states have passed tort reform measures that significantly limit what an injured person is able to recover in a personal injury lawsuit. For the most part, these statutes limit non-economic damages (pain and suffering) and punitive damages.

If you or someone you know has suffered a traumatic brain injury, seek the advice of a personal injury lawyer right away.

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