Defense of closed head injury claims

Article Abstract:

Defense attorneys involved in personal injury cases involving closed head injuries can cast doubt on plaintiff's evidence by stressing the complicated nature of the brain and the lack of scientific methods available for diagnosing mild or moderate brain damage. Because of the difficulty in linking actual physical damage to vague symptoms, plaintiff's often rely on neuropsychological evidence, which is far from conclusive. It is also possible to cast doubt on the effects of the alleged injury by invoking other possible causes for the symptoms, such as drug use and pre-exiting traumas.

Head injuries, Testimony, Neuropsychology

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Evaluation and defense of temporomandibular joint injury claims

Article Abstract:

Personal injury claims in which the primary harm is temporomandibular joint disorder (TMJD) are increasing, and attorneys need to understand the diagnosis and treatment of TMJD to effectively defend against such claims. TMJD claims are arising in both the products liability and dental malpractice contexts as well as in traditional personal injury suits. Attorneys should evaluate the diagnosis to determine whether both subjective and objective signs of TMJD are present, and causes other than the alleged trauma should be explored.

Temporomandibular joint disorders

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In case of fire - do not call your lawyer! A landlord's ability to recover for property damage from a negligent tenant

Article Abstract:

Courts and legislatures should follow the traditional common law rule of tenant liability for negligence resulting in damages to leaseholds in cases of fire damage or destruction. The traditional rule has been nullified in fire cases by courts in states such as California and Illinois through clause interpretation or legal fiction creation. The New York rule is preferable for placing culpability on negligent actors and preserving nonculpable landlords' good insurance report records.

Analysis, Laws, regulations and rules, California, Landlord and tenant, Landlord-tenant relations, Illinois, Liability for fire damages, New York (State)

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