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Tracy Morgan crash raises issue of seat belt use in personal injury cases, P.3

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In our last post, we continued our discussion about the potential impact
of failure to wear a seat belt in personal injury litigation. The discussion
was prompted by a recent government report highlighting the fact that
Tracy Morgan and other passengers involved in New Jersey
car accident last year were not wearing safety belts at the time of the crash.

As we’ve noted, failure to wear a seat belt cannot be used as evidence
of contributory negligence, but it can be admitted for demonstrating failure
to mitigate damages. If it is determined that the plaintiff did fail to
mitigate damages, his or her recovery may not be reduced by more than
one percent of the damages awarded after figuring in any reductions due
to comparative negligence.

Mitigation of damages, then, can only account for a rather small reduction
in overall damages. Still, every little bit counts when it comes to maximizing
damages. It bears repeating, though, that it isn’t always going
to be easy for a defendant to successfully argue for failure to mitigate
damages based on not wearing a seat belt. It really depends on the circumstances
of the case.

Because a plaintiff’s contributory negligence can result in a significant
reduction in damages, it is critical for plaintiffs facing this possibility
to work with an experienced personal injury attorney. Building a strong
case can help a plaintiff to make a strong case for liability and maximize
his or her damages award by reducing the possibility of reductions in damages.

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News

America’s Growing Nursing Shortage

Even before COVID-19, the medical industry was suffering from nursing shortages. Now, hospitals and clinics are cutting more staff in response to the current crisis. A reduced nursing staff puts patients at risk. If you’re injured or don’t receive adequate care because of the nursing shortage, who’s at fault? Why is There a Nursing Shortage? There are now more than three million nurses in America. A recent CNN report shows

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Tips & Hints

Parking Lot Safety and Holiday Shopping

Buying gifts for your family and friends and preparing holiday meals can be both exciting and stressful. Every year, when holiday season approaches, we do our best to be as prepared as possible. As you weave in and out of parking lots and stores, buying what you need and perhaps a few additional items, you may notice just how stressed and panicked others are. You may be acting with caution

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Wrongful Death

Wrongful death suit pits Missouri mother against utility company

Like a giant, aquatic dragon, the Lake of the Ozarks sprawls across central Missouri. The 90-mile lake is more than a tourist attraction; its Bagnell Dam northeast of Joplin generates electricity powering tens of thousands of homes and businesses in our state. Oral arguments before the Missouri Supreme Court are scheduled to soon begin in a wrongful death lawsuit pitting the utility company that operates the giant hydroelectric dam, and

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