| Rights and Duties of Pedestrians |
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| A pedestrian generally has a right-of-way in a crosswalk. A motor vehicle driver is required to yield the right-of-way to a pedestrian in a crosswalk, even if the driver has a green light. If a pedestrian control signal is working and is in the "walk" position, the pedestrian has the right-of-way. If the pedestrian control signal is not working, a motor vehicle driver is required to yield the right-of-way when the pedestrian is on the driver's side of the road or if the pedestrian would be in danger.More... |
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| Taxation of Personal Injury Awards |
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| In accordance with Section 104 of the Internal Revenue Code, a taxpayer's gross income does not include any damages that are received on account of personal physical injuries or physical sickness. It does not matter whether the damages have been obtained by a court order or through a negotiated settlement. It also does not matter whether the damages are paid in a lump sum or in accordance with a structured settlement that provides for periodic payments. Therefore, any monetary payments to a plaintiff for the plaintiff's physical injuries are not taxable to the plaintiff.More... |
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| Tort Law -- Like an Implied Contract |
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| Apart from legislation granting a right to sue for a specific harm, personal injury law generally consists of tort law and the civil procedure for enforcing it. This article discusses how tort law can be viewed as a series of implied contracts.More... |
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| Opinion and Other Defenses to Defamation |
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| Defamation lawsuits are not easy to win because the plaintiff must both prove the difficult elements of his or her case and avoid the many defenses to defamation. This article discusses some of the standard defenses to defamation, including the defense of opinion.More... |
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| Structured Settlements |
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| 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... |
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