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Supplemental Needs Trust & Personal Injury
Supplemental needs trusts, if established properly, can protect certain benefits when there is a personal injury settlement. Before the settlement is effectuated, an attorney drafts this trust to hold...
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Negligence, Gross Negligence & Willful, Wanton Conduct
Negligence: Gears in the Machine Failing to use reasonable care causes negligence. But, negligence comes in degrees. Different levels of negligence can make a difference. Ordinary Negligence The...
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Injury Claim Handling: Hidden Pieces, Unknown Dynamics
Puzzle Pieces in Injury Claim Injury claim preparation requires piecing together many elements, some of which aren’t immediately obvious. Imagine a puzzle, but some pieces are hidden. Think about it....
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Does Open and Obvious Defense End an Injury Claim?
Open and Obvious Dangers Open and obvious dangers present themselves every day. Cliffs or holes beside a road or walkway. Construction debris. The shallow end of a swimming pool, where reasonable...
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Photo and Video Evidence: Always Allowed in Court?
Photo and Video Evidence Photographs and video present some of the most effective evidence possible in court. In the dark ages of photography it took a small investment to buy or rent video equipment....
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That Never Happened Before – Defense to an Accident Case?
That Never Happened Before Something happens. There’s an accident. Someone runs out and says “that never happened before.” Even after the injuries are treated and the accident is reported to...
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Vicarious Liability – Responsibility Flows Up
Workers and Vicarious Liability Vicarious liability is a legal theory holding one party responsible for the negligence of another. An employee drives a company vehicle, causing an accident. Vicarious...
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Property Dangers: Premises Liability
Property Dangers Stairways in deplorable condition cause injuries. But believe it or not, insurance companies vigorously defend property owners who allow outrageously dangerous conditions to exist....
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Negotiation of Personal Injury Cases
Negotiation Negotiation poses a key opportunity in every legal matter. Many or most cases settle before trial. Enlightened negotiation skills increase the likelihood of acceptable final results....
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The Truth About The McDonald’s Hot Coffee Case
The Truth About the McDonald’s Hot Coffee Case The McDonald’s hot coffee case lives in legend, standing to many as an example of ‘frivolous’ law suits. Yet those who hold such opinions have never let...
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