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Liability and the Defendant’s Mental State Before delving into strict liability, it can be helpful to understand the other types of legal theories that attach to personal injury cases. These include: Negligence Negligence is carelessness. The defendant was negligent if: They owed you a duty of care; They breached that duty of care; They caused […]

Your Head and Neck Your head weighs about 11 pounds, or roughly the same as five quarts of milk. Your neck supports your head. The main source of structural support comes from your cervical spine. This section of the spine includes the top seven vertebrae below your skull. When the cervical vertebrae align, they form a […]

What You Have To Prove To Win a Legal Malpractice Claim Almost all legal malpractice claims are based on negligence. Below are the four elements you must prove to win almost any negligence claim, including a legal malpractice claim. Duty of Care To prove that your lawyer owed you a duty of care, you need […]

Legal Definition of Negligence The legal definition of negligence varies from jurisdiction to jurisdiction. Generally, negligence is defined as the failure to exercise reasonable care under the circumstances. In other words, negligence occurs when a person or entity fails to take the care that a reasonable person or entity would take in similar circumstances. This […]

Applicable Burden of Proof Standards Three main standards apply to the burden of proof in various types of cases: (i) “a preponderance of the evidence,” (ii) “clear and convincing evidence,” and iii) “guilt beyond a reasonable doubt.” A “Preponderance of the Evidence” A “preponderance of the evidence” is the easiest burden of proof to meet. To […]

What Are the Most Important Elements of the Chest? Everyone knows where their chest is. But doctors and lawyers use the term “chest” in a specific sense. Your body has three main sections. Your head contains your brain. Your thorax contains your vital organs, such as your heart and lungs. Your abdomen contains the abdominal […]

Key Takeaways Understanding the Instagram Class Action Lawsuit The Instagram class action lawsuit is part of a broader wave of social media addiction lawsuits targeting major platforms like Facebook and Instagram, Snapchat, and TikTok. At the center of this legal storm is Meta, the parent company of both Instagram and Facebook, which faces allegations of […]

Key Takeaways Understanding Car Accident Settlement Amounts in Texas In Texas, car accident settlement amounts can vary widely, ranging from modest sums to multimillion-dollar payouts. On average, settlements for claims involving bodily injuries hover around $22,734. However, typical car accident settlement amounts can span from $142,500 to as high as $4,500,000, reflecting the diverse nature […]

What Is Impleader? An impleader is a procedural move used in court cases. In an impleader, a defendant seeks to compel the participation of a third party. The justification is that it is the third party who is liable for the amount of compensation demanded, not them. Essentially, the defendant tries to drag the third party into […]

Key Takeaways Identifying Potentially Liable Parties in Truck Accidents When a truck accident occurs, the immediate question is often, “Who’s responsible?” Unlike typical vehicle accidents, truck accident cases can involve multiple potentially liable parties, each contributing to the cause or severity of the incident. The truck driver, trucking company, and even the manufacturer of the […]