Sentences with phrase «claim based»

Our job as personal injury lawyers is to effectively present your car accident injury claim based on your injuries and your limitations.

While seeking compensation for pain and suffering is extremely common, it is unlikely that you will win a claim based on pain and suffering alone, if there is no verifiable evidence of a physical injury (i.e., medical bills).

(4) If the former limitation period did not expire before January 1, 2004 and if no limitation period under this Act would apply were the claim based on an act or omission that took place on or after that date, there is no limitation period.

A PTAB decision to institute review of a claim based on some, but not all, alternative grounds for invalidity based on redundancy may preclude a subsequent challenge on the non-instituted grounds due to estoppel and other restrictions placed on AIA petitions.

The skilled advocates at the Indiana - based law firm of Parr Richey Frandsen Patterson Kruse have the experience and dedication necessary to confidently bring any claim based on a pharmacist's negligence.

There, in upholding a Canadian Border Services Agency worker's claim based on a work schedule that conflicted with her childcare obligations, the Federal Court of Appeal determined that to establish discrimination on a prima facie basis on the ground of family status in relation to childcare, it would be necessary for an individual to show that:

Thus, where a claim based on cybercrime (now a defined term under our policy) would otherwise be eligible for coverage (because it arises from a lawyer's delivery of professional services), it will be covered, but only up to a sublimit of $ 250,000, including defence, repair and indemnity costs together.

If Fastcase were allowed to amend its complaint to state a claim based on the period after April 7, Casemaker would respond with a claim for breach of contract that would not be preempted by the Copyright Act, along with a claim for copyright infringement, depending on whether Fastcase copied any Casemaker materials.

Then that insurance company would prosecute a claim based upon subrogation against the tenant for their negligent use of the property and request reimbursement.

As to any aspect of Fastcase's claim based on activities occurring after April 7, Fastcase has pleaded no facts supporting such a claim.

Theses clauses will typically bar the employee from making a claim based on a condition with which they suffered in their past.

With these points in mind, you can see how critical it is to retain our Preszler Law slip and fall lawyers to represent you in filing a claim based upon premises liability.

The second case involved a claim based on the allegedly improvident settlement of a personal injury matter.

This is made clear when an insurance adjuster makes a low ball offer or denies a legitimate accident claim based upon their personal assessment of the accident.

A personal injury lawyer can also give you guidance as to whether or not you should pursue your potential claim based upon the facts of your case.

Another approach is to pursue a claim based on an agency theory (like vicarious liability or respondeat superior).

Since palimony is a claim based on a non-marital relationship, in certain states it has been allowed in the dissolution of gay relationships as well as heterosexual ones.

Describe the insurance policy, including policy number, dates it was in force, title (i.e O.A.P. 1, residential, etc.), and where relevant, whether it is an occurrence or claim based policy;

However, a claim based on aboriginal title might also have more deep - seated implications for decisions made by the energy regulator.

If your family member has sustained bed sores in a nursing home, you may have grounds for an injury claim based on the negligence of the facility and its staff.

Following Moore Blatch's instruction, we invited the GP to admit liability and avoid the cost of further investigation into the treatment provided, but the GP's medical defence organisation insisted upon a full Letter of Claim based upon independent expert evidence being provided for them to consider.

A lawyer can help you by first determining whether you have grounds for a claim based upon a mistake or act of negligence in regard to your medication.

The Human Rights Tribunal of Ontario is the only venue that could hear a discrimination claim based on race or ethnicity.

Therefore, a claim based on an intentional sexual assault was subject to a non-extendable six - year limitation period under s 2.

The claim based upon those words therefore fails.

The firm successfully defended a Quebec law firm against a $ 55 - million claim based on its alleged negligence in the implementation of a tax structure.

Thus, the court decided that the lower court was improper to dismiss the plaintiff's claim based on the waiver.

Given these developments, I suggest it is a reasonable extension to permit a socially active shareholder such as NEI to bring forward an oppression claim based on environmental concerns.

If you and only you caused the crash, then the most common route for compensation is to file an claim based on your own no - fault accident benefits coverage.

An experienced workers compensation lawyer will know about the Deputy Commissioner assigned to hear your claim and will have a good idea of what they are looking for to prove your claim based on the Commissioner's background and prior rulings they have made.

Our lawyers can advise whether you have a claim based on the circumstances of your injury.

It is possible you will not be able to file a workers» comp claim based on various factors, but if you are able to file a claim, it is something that needs immediate attention and the benefit of a workers» comp attorney.

Hypothetically, if the directors of Suncor scaled back their reclamation projects, NEI could bring an oppression claim based on cutbacks to environmental initiatives.

The model will also form the basis of a Chapter on Sexual Orientation and Gender Identity Credibility Assessment in the Second Volume of the Credo Project's «Credibility Assessment in Asylum Procedures», and has the objective of providing a humane approach to establishing an asylum claim based on sexual or gender identity.

Once we have completed our investigation, we will review your right to bring a product liability claim based on negligence or strict liability.

1 Jan. 14, 2016)(unpublished) is an interesting SLAPP grant, producing a split merits decision as far as the grant on a claim based on the litigation privilege.

Accordingly, before any injured person proceeds in a claim against a Florida city or county for damages sustained in an accident on public property, they need to get their evidence prepared and their case ready to file within a set amount of time or face a bar to their claim based upon immunity.

Instead, the law requires that a person bringing a birth injury claim based on cerebral palsy or another condition show that the doctor failed to act as a reasonable and prudent doctor would have acted, considering their specialty and the level of care generally used by doctors in the same specialty.

The case will therefore be of interest not only because it is the first example of a successful damages claim based on A2P1 in this jurisdiction, but also because of its implications for local authority's duties towards homeless children of compulsory school age, including those that they elect to accommodate in a different local authority district.

Hyundai Heavy Industries and Ors v. British Airways: Junior Counsel for the Claimants in damages claim based on both EU and foreign law.

The successful education claim marks the first occasion on which the English Courts have upheld a damages claim based on a breach of A2P1, after two Supreme Court judgments as a result of which such claims had failed (A v Head Teacher and Governors of Lord Grey School [2006] 2 AC 363 and A v Essex County Council (National Autistic Society intervening)[2011] AC 280; [2010] UKSC 33).

In Harlequin Property (SVG) Ltd v Wilkins Kennedy [2016] EWHC 3233 (TCC), [2017] All ER (D) 11 (Jan) Coulson J had dismissed most of the claimant's claim against the defendant but did allow a sizeable claim based upon negligent advice in respect of the building contract.

A lawyer who provides advice and proceeds with a claim based solely on a review of the relevant legislation may do a great disservice to his or her client.

The U.S. Government has enacted the Federal Tort Claims Act which waives immunity for a governmental entity and also allows an injured person to file a claim based on acts or omissions.

In her complaint against the hospital, the patient alleged a strict product liability claim based on the hospital's use of the BMP sponge without the LT - Cage.

They will look at the circumstances surrounding your accident and will calculate the value of your claim based on:

Based upon the plaintiff's improper service using Federal Express, the Appellate Practice Group secured the dismissal of the plaintiff's claim based on the statute of limitations defense.

If a driver's behavior causes you to be in a crash, you may have a legal claim based on negligence against the at - fault driver.

The discretionary function exception protects the government from liability for any claim based upon the exercise or performance, or the failure to exercise or perform a discretionary function or duty on the part of a government employee.

Advising and representing an IFA company in a breach of warranty claim based on alleged breaches of FSA Rules