Sentences with phrase «damages in a personal injury action»

Despite an admission of liability, the question of damages in a personal injury action should not be taken for granted.

In the face of this significant disparity between the default PJI rate and the rate for non-pecuniary damages in personal injury actions, the Ontario legislature enacted the Fighting Fraud and Reducing Automobile Insurance Rates Act.

Not exact matches

I, being of lawful age, in consideration of being permitted to utilize the above - described race track facilities and / or participate in and / or observe TVBWFA Barrel Races and / or events release and forever discharge Releases, their heirs, administrators, and executors of and from any and every claim, demand, action, of whatsoever kind or nature, either in law or in equity arising from or by reason of any bodily injury or personal injuries known or unknown, death, and / or property damage which may occur as a result of my utilization of the above described race track facilities and / or any participation in and / or observation of TVBWFA Barrel Races and / or events or any activity in connection therewith, whether by negligence or not.

By entering the Promotion, each entrant releases and discharges the Sponsor, judging organization (if applicable), and any other party associated with the development or administration of this Promotion, their parent, subsidiary, and affiliated entities, and each of their respective officers, directors, members, shareholders, employees, independent contractors, agents, representatives, successors and assigns (collectively, «Sponsor Entities»), from any and all liability whatsoever in connection with this Promotion, including without limitation legal claims, costs, injuries, losses or damages, demands or actions of any kind (including without limitation personal injuries, death, damage to, loss or destruction or property, rights of publicity or privacy, defamation, or portrayal in a false light)(collectively, «Claims»).

By submitting an Entry, each Participant (whether declared a Winner or not) agrees (and agrees to affirm such in writing) to (i) abide by and be bound by these Official Rules and the decisions of DeliciousBaby on all matters relating to this Giveaway which decisions are final and binding in all respects, (ii) waive any right to claim ambiguity in the Giveaway or these Official Rules, (iii) forever and irrevocably release, discharge, indemnify and hold harmless the Giveaway Entities, and each of their respective officers, directors, licensors, employees, representatives and agents (collectively, the «Released Parties») from any liability, claims, demands, and cause of action from personal injury, loss or damage, including death, or property damage, theft, or loss suffered or resulting in whole or in part, directly or indirectly, from participation in this Giveaway or the use, misuse or acceptance or possession of the Prize or any portion thereof, or participation in any Giveaway - related activity; (iv) grant DeliciousBaby (where permitted by law) the right to use their name on a worldwide basis, in all forms of media, in perpetuity without review or further compensation and, (v) warrant and represent that the use of the materials submitted in this Giveaway will not violate the rights of any third parties.

While spiritual creatures from other realms are not a covered peril for personal property, we expect that if a poltergeist somehow forced you to take a specific action which resulted in bodily injury or property damage to another person, you could well have coverage under the liability section of your Erie, PA renters insurance policy.

By entering this Promotion, entrant and reseller agree to release and hold harmless Administrator and their respective subsidiaries, affiliates, suppliers, distributors, marketing / promotion agencies, and each of their respective parent companies and each such company's officers, directors, employees, and agents (collectively, the «Released Parties») from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Promotion or receipt or use or misuse of any prize.

RELEASE OF LIABILITY You agree that: in consideration of Tails of Gray allowing your participation in this activity, under the terms set forth herein, you, for yourself and on behalf of your child or legal ward, heirs, administrators, personal representatives or assigns, do agree to hold harmless, release, and discharge Tails of Gray, its agent employees, officers, directors, representatives, assigns, members, affiliated organizations, Insurers, and others acting on its behalf of and from all claims, demands, causes of action and legal liability, whether the same be known or unknown anticipated or unanticipated, due to the Tails of Gray and or its associates ordinary negligence: and you further agree that you shall bring no claims, demands, actions and causes of action, and or litigation due to injury, including but not limited to serious bodily injury, death or property damage, sustained by you or your minor child and or legal ward in relation to the premises and operations of Tails of Gray.

I, the parent or legal guardian of the youth named above, being of lawful age, knowingly and voluntarily state and agree as follows: In consideration of the opportunity for the youth named above's participation being accepted and intending to be legally bound, I do hereby for myself, on behalf of my children, and for my heirs, executors, administrators, successors and assigns, release, waive and forever discharge the Santa Barbara Sailing Center employees from any and all claims actions, damages, costs, judgments or liability whatsoever, which I or my children now have or which may hereafter accrue to me or my children on account of or in any way growing out of any and all known and unknown, foreseen and unforeseen, bodily and personal injuries, property damage and the consequences thereof resulting from or to result from participation in The Santa Barbara Sailing Center's Summer Kids CamIn consideration of the opportunity for the youth named above's participation being accepted and intending to be legally bound, I do hereby for myself, on behalf of my children, and for my heirs, executors, administrators, successors and assigns, release, waive and forever discharge the Santa Barbara Sailing Center employees from any and all claims actions, damages, costs, judgments or liability whatsoever, which I or my children now have or which may hereafter accrue to me or my children on account of or in any way growing out of any and all known and unknown, foreseen and unforeseen, bodily and personal injuries, property damage and the consequences thereof resulting from or to result from participation in The Santa Barbara Sailing Center's Summer Kids Camin any way growing out of any and all known and unknown, foreseen and unforeseen, bodily and personal injuries, property damage and the consequences thereof resulting from or to result from participation in The Santa Barbara Sailing Center's Summer Kids Camin The Santa Barbara Sailing Center's Summer Kids Camp.

Successfully obtained indemnification for one of Vermont's largest municipalities for damages as well as attorneys» fees in a personal injury action.

A San Francisco personal injury attorney from the Law Offices of Nelson C. Barry has extensive experience in helping injured clients in recovering compensation for damages in serious injury cases and is prepared to review your situation and advise you how to proceed in the necessary legal actions.

It comes in many forms but, includes proposals to limit class action lawsuits, to shorten the statute of limitations (time deadline) for filing personal injury claims, and to put a cap on the amount of damages for out of pocket losses like medical bills and lost wages and / or general damages for the pain and emotional distress caused by a catastrophic injury or death caused by the wrongdoing of another individual or business.

The group, which also includes professionals in the firm's Washington, Chicago and Phoenix offices, has handled litigation in more than 30 states in cases ranging from putative nationwide class actions and mass actions for personal injury and property damage to complex environmental investigation and / or remediation issues and matters involving multiple defendants and hundreds of products.

Personal injury law offers an accident victim the opportunity to bring the responsible party to justice for their actions and in civil court this is achieved through monetary damages.

Albers v. Woolworth Canada Inc., 1999 CarswellAlta 856 Acting for the plaintiff in this action for damages for personal injury sustained in a fall on the sidewalk adjacent to the defendants» property, I was successful in having an application for summary judgment against the plaintiff dismissed.

George et al. v. Newfoundland and Labrador 2013 NLTD (G) 170 Evidence — Opinion evidence — Expert evidence — General — When expert evidence required The representative plaintiffs commenced this class action on January 5, 2011, for damages in respect of personal injuries as a result of moose - vehicle collisions in Newfoundland and Labrador (the defendant).

Actions for property damage in Illinois operate on a different schedule than actions for personal inActions for property damage in Illinois operate on a different schedule than actions for personal inactions for personal injuries.

Defended a market - leading insurer in a Massachusetts direct action in which the injured plaintiffs sought more than $ 40 million in punitive damages against our client (primary insurer on business auto policy) for its alleged failure to promptly settle a catastrophic personal injury claim.

John represents individuals in many types of civil litigation, including: class actions, mass torts including defective drugs (such as the Graniteville train derailment, Chinese Drywall and Vioxx), business litigation, flood - related damages, personal injury litigation, including traumatic injury and nursing home neglect.

We routinely represent multiple industrial clients in the defense of proposed class actions seeking property damages and / or personal injuries as a result of exposure to contamination or hazardous products (asbestos, PCB's, etc.).

Such damages are intended not to compensate a plaintiff for actual losses sustained as a result of a defendant's actions or actions, but rather to punish a defendant for egregious behavior leading to personal injury and to deter the same and similar defendants from engaging in the same sort of behavior in the future.

The judge found that the claimant was indeed precluded by the certificate from claiming damages arising from personal injuries sustained in the accident but did say that the claimant was not statute barred by virtue of the s. 257 certificate and s. 10 (1) of the WCA from maintaining an action for his business - related losses.

On April 1, 2013, plaintiff George Walker (hereinafter «plaintiff») commenced the instant action to recover damages for personal injuries he suffered as a result of slipping and falling on a hole in the sidewalk owned and maintained by the defendant City of New York (hereinafter «defendant»).

Recourse to a civil lawyer occurs in all sorts of situations of civil litigation: this litigation may concern failure to respect a contract, damages involving third party liability, neighbourhood trouble, damages caused by actions performed in bad faith or the incompetence of a person, personal injury, etc..

Among other areas, our litigation experience in the environmental area includes governmental and private - party actions under CERCLA (including serving as lead counsel for PRP groups at major Superfund sites throughout the United States), citizen suits under RCRA, the Clean Water Act and other environmental laws, claims for property damage and personal injury arising from industrial emissions or environmental contamination, and defending clients against state and federal governmental enforcement actions.

When an adult or child sustains a personal injury or dies as a result of the negligence of an individual or entity, the negligent party may be held liable for the damages suffered by the injured victim or victim's family in a negligence or wrongful death action brought against the responsible parties.

It's also worth noting that Texas law may have limits on the amount of recovery you may be entitled to in a personal injury claim depending on several factors, including limits established by the Texas Tort Claims Act for actions against governmental entities, punitive damage awards and general damages awards on Medical Malpractice claims, just to name a few.

It is passing odd that a victim in an inter partes tort action has to pass the 50 % threshold to recover damages for personal injury while an applicant in constitutional litigation need only show a 2 % risk in order to justify a court in striking down legislation.

In any such case, if the person entitled to bring the action was at the time the personal injury, death, or property damage occurred under the age of 18 years, under legal disability, or imprisoned on criminal charges and the claim is not against the Illinois Department of Corrections or any past or present employee, the limitation period does not begin to run until the person reaches the age of 18, the disability is removed, or the person ceases to be imprisoned.

735 ILCS 5/13-213 (d): Alternate limitation period Notwithstanding the provisions of subsections (b) and (c), if the injury complained of occurs within any of the periods provided by subsections (b) and (c), the plaintiff may bring suit within 2 years after the date on which the claimant knew, or through the use of reasonable diligence should have known, of the existence of the personal injury, death, or property damage; but in no event may such an action be brought more than 8 years after the date on which the personal injury, death, or property damage occurred.

Representation of a major international insurer in a Massachusetts statutory bad faith action in which the injured plaintiffs sought more than $ 40 million in compensatory and punitive damages against our client (primary insurer on business auto policy) for its alleged failure to promptly settle a catastrophic personal injury claim.

Defended a domestic automobile manufacturer in dozens of actions in Ohio against personal injury and fire damage claims involving allegations of airbag non-deployment, seatbelt failure, brake failure, wheel - off, transmission explosion, car jack collapse, wiring failures, and other alleged design, manufacturing, and warning defects.

Their experience in personal injury, business litigation, products liability and class actions provide integral background for fire cases, as does their direct experience handling claims on behalf of victims who suffered personal injury and property damages because of fires.

-- In all actions hereafter brought for personal injuries, or where personal injuries have resulted in death, or for injury to property, the fact that the person injured, or the owner of the property or person having control over the property, may not have been in the exercise of due care shall not bar a recovery, but damages shall be diminished by the finder of fact in proportion to the amount of negligence attributable to the person injured, or the owner of the property or the person having control over the propertIn all actions hereafter brought for personal injuries, or where personal injuries have resulted in death, or for injury to property, the fact that the person injured, or the owner of the property or person having control over the property, may not have been in the exercise of due care shall not bar a recovery, but damages shall be diminished by the finder of fact in proportion to the amount of negligence attributable to the person injured, or the owner of the property or the person having control over the propertin death, or for injury to property, the fact that the person injured, or the owner of the property or person having control over the property, may not have been in the exercise of due care shall not bar a recovery, but damages shall be diminished by the finder of fact in proportion to the amount of negligence attributable to the person injured, or the owner of the property or the person having control over the propertin the exercise of due care shall not bar a recovery, but damages shall be diminished by the finder of fact in proportion to the amount of negligence attributable to the person injured, or the owner of the property or the person having control over the propertin proportion to the amount of negligence attributable to the person injured, or the owner of the property or the person having control over the property.

(2) Despite subsection (1), the rate of interest on damages for non-pecuniary loss in an action for personal injury shall be the rate determined by the rules of court made under clause 66 (2)(w).

118 In an action for damages for personal injury, the court may give guidance to the jury on the amount of damages and the parties may make submissions to the jury on the amount of damages.

Product liability actions seeking to recover damages for motorcyclists» personal injuries or death are usually brought as strict liability claims, which enable a plaintiff to establish the liability of certain defendants without the necessity of proving that any of the defendants was negligent in creating the defective vehicle that caused the motorcyclist's injury or death or in releasing it to the market.

The establishment of a defect in manufacture or design, an injury caused by the defect, and damages sustained as a result of the injury are all that is required to establish the requisite elements of this form of personal - injury cause of action.

This includes general non-pecuniary damages for pain and suffering in personal injury actions, which are presumed to arise the moment the injury occurs.

Defense of a chemical manufacturer in mass action claims for medical monitoring, property damage and personal injury arising out of alleged environmental contamination in West Virginia.

53.10 The prejudgment interest rate on damages for non-pecuniary loss in an action for personal injury is 5 per cent per year.

Claimants in actions for damages for personal injuries have generally been named.

(1) In an action against an owner of a dog for damages for personal injury or death caused by the dog, evidence that the dog caused the personal injury or death creates a rebuttable presumption that the owner knew or should have known that the dog had vicious or dangerous propensities.

Our goal in filing a personal injury claim is to recover your damages from the person who is responsible for causing your accident, regardless of whether the actions were intentional or accidental.

At our firm, we can engage in a full valuation of the damages, and take legal action against the negligent party to recover the maximum possible.Contact our firm today for legal representation in a personal injury case.

While abusers may be criminally charged, child abuse also falls under the personal injury umbrella so victims may be entitled to compensatory damages in a civil action as well.

New Orleans personal injury lawsuits involving the negligent actions of an employee frequently result in the employer bearing legal responsibility for the damages.

Aside from certain claims made under the Family Law Act, any damages to a deceased plaintiff in a personal injury action are quite negligible.

So Parliament passed the Law Reform (Personal Injuries) Act 1948 which provided that: «In any action for damages for personal injuries there shall be disregarded in determining the reasonableness of any expenses, the possibility of avoiding those expenses, or part of them by taking advantage of facilities available under the National Health Service ActsPersonal Injuries) Act 1948 which provided that: «In any action for damages for personal injuries there shall be disregarded in determining the reasonableness of any expenses, the possibility of avoiding those expenses, or part of them by taking advantage of facilities available under the National Health Service ActsInjuries) Act 1948 which provided that: «In any action for damages for personal injuries there shall be disregarded in determining the reasonableness of any expenses, the possibility of avoiding those expenses, or part of them by taking advantage of facilities available under the National Health Service Acts.&raquIn any action for damages for personal injuries there shall be disregarded in determining the reasonableness of any expenses, the possibility of avoiding those expenses, or part of them by taking advantage of facilities available under the National Health Service Actspersonal injuries there shall be disregarded in determining the reasonableness of any expenses, the possibility of avoiding those expenses, or part of them by taking advantage of facilities available under the National Health Service Actsinjuries there shall be disregarded in determining the reasonableness of any expenses, the possibility of avoiding those expenses, or part of them by taking advantage of facilities available under the National Health Service Acts.&raquin determining the reasonableness of any expenses, the possibility of avoiding those expenses, or part of them by taking advantage of facilities available under the National Health Service Acts.»

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