Examples of potential causes of truck accidents
other than the defendant's negligence include severe weather events and the plaintiff's own negligence.
Scientists, more likely to serve as expert witnesses
than defendants in court, are still coming to terms with the legal problems facing their Italian colleagues.
Under this rule, a plaintiff whose negligence is equal or
greater than the defendant's negligence may be barred from recovering damages.
Conducted a jury trial for the defence and received a jury verdict
less than the defendant's offer to settle thereby receiving a costs award in favour of the defence.
The report indicated that claimants more often won
cases than defendants, 25 percent compared to 7 percent.
Also, the court noted that the nuisance was ongoing, so the People did not unreasonably delay in bringing the action and there was no prejudice to the defendants: a greater prejudice, resulting from lost evidence, resulted to the
People than the Defendants in this case.
Iowa law allows you to file a personal injury lawsuit after a truck accident case as long as you were not more at
fault than the defendant for causing the crash.
An expert on Freedom of Information Law is saying the City of Buffalo has more to gain in complying with a Freedom of Information Law
request than a defendant has to lose in a federal civil rights case.
Assembly Speaker Robin Vos, R - Rochester, said a study shows Wisconsin defendants fail to show up in court more
often than defendants in states that have private bail bonds.
Waller LJ explained that a claimant should have a little more
latitude than a defendant because without a PCO no proceedings would be brought at all.
Mark Edwards, who Petrick dismissed to represent himself, said that he believes he could have argued several legal points more
expertly than the defendant but he may not have been as adept at cross-examining on computer forensics.
In personal injury cases, a plaintiff must demonstrate that the defendant is liable by proving that a reasonable and responsible person would have behaved
differently than the defendant if faced with the same scenario.
The Association of Personal Injury Lawyers» membership survey revealed that final settlements were 53.14 %
higher than the defendant insurers» first offers.
This means that if the plaintiff's negligence is not
greater than the defendant's (or the defendants» combined) negligence, the plaintiff will still be able to recover damages.
However, a Maine plaintiff who is found to be equally or more at
fault than a defendant — 50 % or more at fault — may not recover at all.
To meet the burden of proof in a personal injury case, a plaintiff must prove his or her claim by a preponderance of the evidence, which means that the plaintiff must present evidence that when weighed by the judge or the jury, is more
convincing than the defendant's.
The Plaintiff was awarded damages for the first crash though less than what she requested and also
less than the Defendant's pre trial offer to settle.
[3] Defendants in political trials tend to participate in the proceedings more
than defendants in non-political cases, as they may have greater ability to depart from courtroom norms to speak to political and moral issues.
The lawsuit against Thomsen comes at a time when there is fierce debate over Britain's libel laws, which are generally regarded to favor plaintiffs much
more than defendants.
Other
than the defendant's statement, the incriminating evidence submitted by the prosecution was fragmentary and circumstantial.
How many people on here have already decided Volkan is guilty based on almost zero evidence other
than the defendant's claims.
Contribution liability — a defendant's legal obligation to pay more
than that defendant's «share» of the plaintiff's judgment — is a loss to the paying tortfeasor.
«In just 15 percent of cases,» the NYT reports, «both sides were right to go to trial — meaning that the defendant paid less than the plaintiff had wanted but the plaintiff got more
than the defendant had offered.»
In a civil case where the punitive damages award is based on harm to people other
than the defendant, the jury is essentially punishing the defendant for uncharged torts (punitive damage cases are almost always torts).
«The chain of causation will be broken where an intervening event, rather
than the defendants» conduct, is considered the proximate or legal... Continue reading →
Subpoenas (said suh - pee - nas) are requests for documents from people other
than the defendant.
Miss Carver rejected a Pt 36 offer and pressed onto trial where she recovered # 51 more
than the defendant had offered.
The Court must entertain the objection — and reverse the conviction — even if the right to equal treatment resides in someone other
than the defendant.
Meanwhile, in a related legal maneuver, Cendant assumes the role of plaintiff rather
than defendant.