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One aspect of public protection law is about enforcing safety rules to prevent future harm. A rule violator who does not cause harm, like running a stop sign with no other people around, while punishable by criminal law, cannot be held civilly responsible since there is no harm involved. In this respect, the Arkansas Supreme Court has stated as follows...
Wrongful Death
I.e., by filing a lawsuit and allowing a local jury to determine the appropriate amount of damages owed to the family for the wrongful death of their loved one. Under Issue 1, even if a jury allowed more than the cap, the family of the deceased would only be able to recover $500,000. Without Issue 1, Ms. Sauer's case serves an example of the proper remedy the civil justice system provides when a jury verdict is excessive.
Fraud
Insurance companies owe their customers a duty to provide services fairly, accurately, and quickly. All insurance companies promise this in their TV commercials and radio ads. But they aren’t promising anything the law doesn’t already require — it is called the “duty of good faith.” When insurance companies don’t treat customers fairly, or they delay claims, or they purposely don’t pay what they should, they commit “bad faith,” which is a type of insurance fraud. Here are some examples...
Murder
According to Judge Holmes’ opinion, which restated the facts as sought in the petition to the Court, the Arkansas Governor appointed a Committee of Seven to investigate the Elaine Massacre and the following events. Newspapers published daily inflammatory articles. The only thing preventing a lynch mob from murdering the five men was the Committee’s promise to the community “the law would be carried out.” In doing so, the Committee tortured black witnesses until they agreed to testify the five men were guilty of the murder. A grand jury, including one member of the Committee, returned an indictment based on the coerced testimony. No African Americans were permitted to participate on the grand jury or the petit jury.
Arson
What is the first image that pops into your mind when you hear the phrase “insurance fraud?” Is it someone committing arson, or damaging covered property to get insurance money? If it is, you’re not alone.
Generally speaking, lawyers are paid in one of two ways. First, lawyers might be paid out-of-pocket by clients (or by a client's representative, such as an insurance company). Many lawyers practicing intellectual property law, corporate law, insurance defense, criminal law, and domestic law are paid this way. A good rule of thumb is that out-of-pocket payment is the usual method of attorney payment when the client does not seek an award of money from a third party.
Guidelines to the Evaluation of Permanent Impairment. Part of the book provides objective ways to measure normal and abnormal motion caused by spinal instability, and it includes Tables assigning a ratable permanent impairment. Arkansas law requires that Courts follow the AMA Guides in workers compensation cases, and they are generally followed in all types of injury cases.
Car bumpers are designed to protect against cosmetic property damage per NHTSA regulations. They aren't designed to protect against occupant injury in lower-speed wrecks. This doesn't stop insurance companies from arguing that a lack of damage means a lack of injury — even though this argument is scientifically invalid. If you want to see if any eggs in a carton are broken, you look inside, not at the carton itself.
Taylor Chaney is a trial attorney focusing on insurance and personal injury cases. Taylor has vast knowledge of medical literature explaining how and why people are injured in motor vehicle collisions.
Medical Malpractice
Schmidt v. Ramsey, 860 F.3d 1038 (8th Cir. 2017) (where a child was born with severe brain damage, the parents of the child brought suit against the doctors and hospital responsible for the child’s injuries, which resulted in a jury returning a verdict in the amount of $17 million dollars based on the needs of the child throughout her life. After the jury verdict, the trial court reduced its amount to $1.75 million according to the Nebraska Hospital Medical Liability Act (“the Act”), and the parents appealed the decision to the U.S. Court of Appeals for the 8th Circuit. The Court upheld the reduction, reasoning that 1) the hospital did not have to post an opt-out notice to patients who may fall under the Act; 2) the Act’s cap on damages did not violate the 7th Amendment of the U.S. Constitution because the Act did not determine damages in the first instance, it just imposed an upper limit on the determination; 3) the Act did not deprive the child of a vested property interest under the 5th Amendment to the U.S. Constitution; 4) the child failed to show medical malpractice victims will have difficulty in obtaining access to justice because of the Act; 5) the Act had a rational basis when passed and does not violate equal protection even though it treats catastrophically injured people differently than those without such injuries; and 6) the Act did not violate principles of substantive due process). For more information...
Social Security Disability
Social Security Disability (SSD) and Supplemental Security Income (SSI) are important sources of income for millions of Americans who have been hurt and cannot work. In some cases, even people who haven't ever worked can get help. Unfortunately, the administrative system our government has in place to decide who does and who doesn't get SSD and SSI help is often clogged, confusing, or just plain unfair.