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Insurance companies are eager to offer their newest technology which purports to provide more accurate insurance pricing. This new device, called a telematic, is inserted into the vehicle and will track driving activities like braking and mileage. Tracking this information for an individual will allow the company to set insurance policies based on the specific…
As the healthcare industry becomes an increasing part of the American economy, the industry is looking for ways to control costs. One area of increasing liability for such providers is the privacy of medical records. To control costs, many medical providers are offshoring their maintenance of such records. With increasing digitization many of these records…
Workers’ compensation provides employees with compensation for injuries at work. While it is clear that workers’ compensation covers any proven injuries that happen at work, what happens when an employee is commuting to and from work? These are known as going and coming cases. Generally, an employer is not liable for goings and comings by…
The tort of defamation may be one of the hardest to determine. It really is a “you know it when you see it” type of tort, to quote the Supreme Court. The issue is rapidly evolving as language and culture change and there is always a need to balance this tort with free speech rights…
Assumption of risk is a defense in tort actions for personal injury. This defense may act as a total bar to recovery for a plaintiff. It is an affirmative defense, meaning that a defendant who asserts this must put forth evidence proving the validity of the defense. Thus, it is important for plaintiffs to understand…
What is informed consent? In the personal injury context, informed consent is when physicians inform patients of the risks of procedures before engaging in any medical treatment. The point is to let the injured party make an informed decision before agreeing to any medical procedure. In theory this makes sense, but unfortunately the application gets…
No matter whether you live in an urban or rural environment, it is imperative for motorists to watch for animals on the road. Construction of new communities in America continues to deplete the natural forest habitats of many wild animals, forcing the animals to move closer into developed communities. Some studies estimate vehicle accidents with…
Settlement agreements are common in personal injury accidents. If you are in a car accident you may be contacted by an insurance company claims adjuster looking to settle the case. They will take your statement and assign fault to an accident. They will make an offer based on your medical bills and the statement of…
So you just got into a car accident. There is a question as to who is at fault. You, being the gregarious person that you are, post to all 1,259 of your closest Facebook friends about the incident. Later, as the case goes to trial, the attorney from the opposing party uses such posts to…
Those dealing with the death of a loved one often have much to consider. An additional layer of complexity is added when the deceased loved one was injured as a result of a car accident, for instance. Family members are the ones who have to seek the advice of an attorney and proceed with a…
