Law Offices of David L. Milligan
Personal Injury Newsletter
Tort Law versus Criminal Law
 
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 some of the distinctions between tort law and criminal law.More...
 
Tort Action for Interference with a Dead Body
 
Under the common law, a person commits a tort when he or she intentionally, recklessly, or negligently removes, withholds, mutilates, or operates upon the body of a dead person or when he or she prevents the proper burial or cremation of the dead body. The person who commits this tort is liable for damages to the family member or members of the deceased person. More...
 
Taxation of Personal Injury Awards
 
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...
 
Trespass
 
Trespass is a physical invasion of a property owner's land. A person may be liable to the owner if he causes a trespass, even if he did not know that it was the owner's land.More...
 
The Jones Act -- Negligence Claims
 
An injured seaman may sue his employer for damages under the Jones Act if the employer's negligence contributed to the seaman's injury. Under the Jones Act, the seaman is only required to prove that the employer's negligence was a cause, however slight, of the seaman's injury. More...
 
 
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