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The liability of property owners for injuries that occur to persons on their property is largely a creation of state law and court decisions. For this reason, the nature of a property owner’s duties to individuals on the owner’s property varies among states. Such duties may involve issues regarding the owner’s actions and/or the owner’s failure to act. Usually severa…
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A “class action” is a lawsuit brought by a representative plaintiff on behalf of a class of persons with similar claims. The class and the lawsuit must be certified by a judge as appropriate for class action treatment. If the case is certified, the lawsuit may proceed to resolve issues common to all class members. In general, notice of the lawsuit is mailed to all potential clas…
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In general, individuals may be held liable for damages arising from their negligence, and businesses may be held liable for the negligence of its employees. However, it may be possible to avoid such liability under certain circumstances through a “waiver of liability”, or similar document. Waivers of Liability A waiver of liability is an agreement to release a party providing f…
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The U.S. Internal Revenue Service (IRS) takes a broad view of what is considered “income” for purposes of taxation. The U.S. Supreme Court has provided additional interpretation, stating that “any funds” received by a taxpayer are presumed to be part of gross income. This may include money received as a result of a court award or settlement on a personal injury cla…
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There are numerous legal situations in which a person may receive a large sum of money through a court award or settlement. Often arising as compensation for personal injuries or other acts, most such payouts are reduced due to some or all of the following costs often associated with legal action: Attorneys’ fees and costs advanced Medical and related costs incurred but not paid Med…
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