Personal Injury Newsletters

Federal Tort Claims Act - Discretionary Function Exception
 
The Federal Tort Claims Act (FTCA) bars claims that are based on the performance or failure to perform a discretionary function or duty of a federal agency or federal government employee, even if there is an abuse of discretion. According to this "discretionary function exception," a personal injury action cannot be filed under the FTCA if the employee's negligence arises from a discretionary function or the execution of a statute or regulation.More...
 
Damages in Different Types of Lawsuits
 
Damages are awarded to an injured party who suffers harm, loss, or damage as a result of a defendant's intentional or negligent conduct. The type of lawsuit brought depends upon the nature of the harm, loss, or damage caused, and the type of damages awarded depends upon the type of lawsuit brought.More...
 
Immunity among Members of the Armed Forces
 
Members of the armed forces are generally immune from liability for tort actions that may be brought by other members of the armed forces. Such type of immunity is referred to as intra-military immunity or the Feres doctrine. More...
 
Parental Immunity
 
Traditionally, the legal doctrine of "parental immunity" prohibited a minor, unemancipated child from suing his or her parent for personal injuries under any circumstances. The purpose of the parental immunity doctrine was to preserve family harmony, family assets, and parental authority over the care, discipline, and control of children.More...
 
Wrongful Death & Survival
 
Every state has some type of wrongful death statute that allows for a decedent's beneficiaries to recover damages after a defendant willfully or negligently causes the decedent's death. Survival statutes relate to the claims of the decedent rather than those of his heirs. More...