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Frequently Asked Questions

Get answers to the most common liability case queries.

Who can file a wrongful death lawsuit?
The right to file is typically limited by state law to specific, close surviving family members. This almost always includes the deceased person’s spouse, children (including adopted), and sometimes parents. If there is no immediate family, the personal representative of the deceased’s estate may file on behalf of other beneficiaries, like siblings or more distant relatives. The exact order of priority varies significantly from state to state, so local legal rules determine who has the standing to bring the claim.
What kind of injuries typically result in a liability case?
Any injury causing harm can be grounds for a case. This includes visible injuries like cuts, bruises, broken bones, and scarring. It also includes less visible harm such as internal injuries, traumatic brain injuries, severe emotional distress, and psychological trauma like PTSD. The severity impacts the potential compensation, but even minor injuries can establish liability if the intentional act is proven. Medical documentation is crucial for any claim.
What must an employee prove to win a hostile work environment claim?
The employee must prove the conduct was severe or pervasive enough to create an intimidating, hostile, or abusive work environment. Isolated incidents or minor annoyances typically are not enough. The behavior must be objectively offensive—meaning a reasonable person would find it hostile—and the employee must subjectively find it so. Critically, the harassment must be based on the employee’s protected status, such as gender, religion, or national origin.
What are common defenses companies use in these cases?
Companies often argue the injured person misused the product in an unforeseeable way that caused the injury, like using a hairdryer in the shower. They may claim the user assumed the known risks of the product or that the danger was open and obvious. Another defense is that the product was substantially altered after it was sold. They may also argue that the injury was caused by something else entirely. The user’s own careless conduct can reduce the compensation they receive.
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