Personal Injury

Truth and Privilege Defenses to Defamation 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 truth and privilege. Truth is a Defense Truth, or substantial … Continue reading Truth and Privilege Defenses to Defamation →

A rescuer who comes to the aid of a victim of a peril may be either an amateur or a professional, such as a firefighter or a police officer. With respect to amateur rescuers, the “rescue doctrine” may apply to allow the rescuer to recover against the creator of the victim’s peril for injuries that … Continue reading Professional Rescuers →

The federal Volunteer Protection Act (VPA) grants immunity to a volunteer who causes harm to a person while the volunteer is performing services for a nonprofit organization or governmental entity. However, a volunteer is not immune from liability for such harm if: (1) he or she was not acting within the scope of his responsibilities … Continue reading Federal Volunteer Protection Act — Exceptions →

The Notice of Claim Requirement Under the Federal Tort Claims Act (FTCA), a person who plans to file a personal injury action against the federal government must present a written “notice of claim,” or “administrative claim,” to the government agency that is allegedly responsible for the injury. A notice of claim is a prerequisite to … Continue reading Federal Tort Claims Act — Notice of Claim →

In the course of an attorney’s representation of a client, he may commit legal malpractice with respect to his prosecution, defense, or appeal of the client’s action or his preparation of transactional documents for the client. The attorney’s actions may constitute legal malpractice if he fails to use the skill, prudence, and diligence that attorneys … Continue reading Attorney Malpractice Liability to Non-Client →