Financial recovery for emotional distress damages is not a new concept. The U.S. Supreme Court has described emotional distress as “mental or emotional harm, such as fright or anxiety, not directly brought about by physical injury, but that may manifest itself in physical symptoms.” Claims arising out of a physical attack, defamation, or invasion of […]

In many accidents, injuries do not result solely from the accident itself. Defective vehicle design or manufacturing may also be responsible for the injuries. For example, when a car equipped with a defective steering column crashes, the passengers are likely to suffer more severe head trauma than would have been caused by a crash alone. […]

To prove that someone else’s negligence caused the harm complained of in a personal injury lawsuit, the injured party must prove all three of the following: The person had a legal duty in relation to the injured party, e.g., the duty owed to a consumer by manufacturers and distributors The person breached the duty by […]