Sentences with phrase «severity of the plaintiff»

For example, in a personal injury case, an expert witness such as the plaintiff's doctor may explain the severity of the plaintiff's injuries.

The particular circumstances of the case, which include the relative ages of the plaintiff and defendant, the relationship between the plaintiff and defendant, and the repetitive nature of the abuse, will be considered in relationship to the establishment of the egregiousness of the defendant's conduct and the severity of the plaintiff's resulting emotional distress.

Again, as is common in ICBC injury claims, the doctors testifying had varying takes on the nature and severity of the Plaintiff's injuries and their connection to the car accident.

Given the severity of the plaintiff's suffering, loss of amenities, and loss of enjoyment of life in this case, I award the plaintiff non-pecuniary general damages in the amount of $ 140,000.

The length of a personal injury case can vary greatly depending on several factors, including severity of the plaintiff's injuries, complexity of the claim, determination of liability (who is at fault), negotiations, amount of monetary damages requested, etc..

[28] Finally, I turn to the relevance of the severity of the plaintiff's injuries and the alleged impact of those injuries on Ms. Kim.

Defendants challenged the severity of plaintiff's injuries only through cross-examination (about possible cosmetic procedures that might lessen the visibility of scars) but they did not offer any expert medical testimony.

Not exact matches

After being barraged by plaintiff attorneys and Hollywood celebrities, the EPA in its final report substituted its determination of no «widespread, systemic impact» with the hypothetical that fracking «can impact drinking water resources under some circumstances» and that «impacts can range in frequency and severity» depending on the circumstances.

Kiran Ooman, a youth plaintiff with Our Children's Trust said, «Growing up in the Pacific Northwest of the United States I have witnessed the effects of climate change, from the steady increase in forest fire severity to unnaturally high pollen counts.

The cases that must go to trial are often self - evident, whether from the severity of the consequences of a plea, or the facts of the case.In civil litigation, on the other hand, one of the greatest reasons I have found clients, defendants and plaintiffs alike, seek early resolution, is because in many cases, the legal fees are a significant percentage of the stakes of the case.

This means that, even if a plaintiff is partially responsible for her injuries — or for the severity of those injuries — she can still recover damages from the defendant.

The most significant factor in this case making the assessment of general damages suggested by the plaintiff more appropriate than that suggested by the defendant is the severity and chronicity of pain, which combines with Mr. Swieczko's increasing emotional struggle over the impairments to his family, marital and social relationships.

Notwithstanding the severity of the loss at the heart of this case, a severe injury does not absolve a plaintiff of meeting her burden of proof.

This means that an injured plaintiff can recover damages even if she is 99 percent responsible for the accident or for the severity of her injuries, as long as the defendant is at least partially responsible.

When looking to previous court cases for guidance some of the things you will want to look at are similarities with the type of injury, the severity of injury, the age of the Plaintiff, whether the injury involves a dominant or servient limb, the types of treatments involved and the prognosis.

In reaching this figure the Court made the following findings about the severity and extent of the Plaintiff's brain injury:

The minor nature of the collision is only one factor to consider when assessing the severity of the injuries suffered by the plaintiff.

The amount that will be distributed to each plaintiff will depend on several factors including their smoking history, the severity of their injury, and the cumulative dosage taken by the individual.

The severity of the sentence imposed is not, with respect, the concern of the plaintiffs.