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Because Commercial Motor Vehicles (CMVs) are generally larger and thus potentially more dangerous than other vehicles, CMV brake safety is imperative. In 2003, the Federal Motor Carrier Safety Administration (FMCSA) issued a new rule allowing for performance-based brake testing for CMVs, as opposed to the traditional method of visual inspection. There are three types of vehicles that are co…

Relatively recently, courts have begun awarding damages in certain cases for “loss of enjoyment of life,” also called “hedonic damages,” named for the ancient Greek school of philosophy called “Hedonists” who believed that life should focus on the pursuit of pleasure. The concept of a person being compensated for “loss of enjoyment of life” resulting from the wrongful act of…

A person injured in an accident caused by the negligence or fault of another may eventually be able to recover damages from the person at fault. However, accident injuries usually require immediate treatment. If the injured party lacks medical insurance and the resources to pay for such treatment, a “medical lien” may provide a viable alternative. Medical Liens A medical lien basically…

The doctrine of “sovereign immunity” protects the U.S. and other governments from lawsuits. In 1946, Congress adopted the Federal Tort Claims Act (FTCA), which created a limited waiver of that immunity. The Federal Tort Claims Act Under the FTCA, individuals may bring suit against the U.S. government for money damages for injury to or loss of property, personal injury, or wrongful death…

Medicare, established in 1965, is a federal health care plan for those 65 and older, in addition to certain persons under 65 (e.g., the disabled). In the event a Medicare recipient is injured through the fault of another, he or she may have the right to recover from the person causing injury (or his or her insurance company). Medicare Medicare was initially the “primary payer” for medic…