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Authorities suggest that “lay” witnesses may testify to conclusions drawn from their own observations, while an “expert” expresses an opinion based on special knowledge, skill, experience, training, or education. The testimony of a civil engineer in a 1782 English case may be the first recorded use of expert testimony. In many lawsuits, the testimony of an “exp…
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Governments and government agencies are potentially liable for accidents caused, in whole or in part, by defects in highway design and maintenance. Such liability is heavily dependent on local law and the extent to which the doctrine of “sovereign immunity” is enforced in a particular state. Sovereign Immunity The doctrine of “sovereign immunity” was inherited from E…
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Workplace injuries are usually followed by a Workers’ Compensation claim filed on behalf of the injured employee. However, in certain situations a lawsuit against the employer may be more appropriate and more rewarding for the injured worker. The typical Workers’ Compensation scenario involves an employee suffering an injury while at work. The injured worker then makes a Workers…
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Elder abuse is a growing problem. As medical conditions become more serious and debilitating, the elderly are often unable to care for themselves. Accordingly, the elderly may become more dependent on those who care for them, and subsequently, more susceptible to abuse. While many elders live in nursing homes, most live at home or with family. As such, abuse is most often perpetrated by adu…
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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” f…
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