Van Blois & Associates
Specialists in Catastrophic Personal Injury
Personal Injury Newsletter
The Death on the High Seas Act
 
In 1920, the United States Congress enacted the Death on the High Seas Act (DOHSA). Originally, the purpose of DOHSA was to help the widows of seamen who died in accidents at sea. Under DOHSA, a widow could file a wrongful death action against the seaman's employer or the owner of the vessel on which the seaman was working at the time of his death. The scope of the DOHSA has been greatly expanded since its enactment. More...
 
Structured Settlements
 
When a plaintiff brings a personal injury action against a defendant for damages and the parties decide to settle the case, they may enter into a structured settlement to compensate the plaintiff for his injury. Structured settlements are monetary awards for damages that are paid in installments over a period of time. They are frequently used to settle tort cases involving severe injuries in which large damages are sought (e.g., products liability, medical malpractice, and wrongful death cases) because of the defendant's inability to pay the amount in one lump sum.More...
 
Tort Action for Failure to Provide Facilities to the Public
 
Under the common law, a person commits a tort when he or she fails to provide a public utility or a public facility to a member of the public. In order to be liable for this tort, the person must have a non-contractual duty to provide the public utility or the public facility to the public. A denial of the public utility or the public facility constitutes a breach of that duty. 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...
 
Action by a Parent for a Tort against His or Her Child
 
In accordance with general tort principles, a person who injures a child through his or her tortious conduct is liable to the child for the child's damages. A parent who is entitled to the child's services or who has a legal duty to provide medical treatment for the child is also entitled to damages from the person for the person's tortious conduct towards the child. More...
 
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