Personal Injuries in the United States
Main Elements of a Claim Under § 1605A FSIA
Personal injury or death
According to research about Peronal Injury from the Federal Judicial Center:Section 1605A(a)(1) does not specifically state the elements required for establishing “personal injury or death.” In interpreting the provisions, courts have looked to “general principles of tort law,” including the Restatement (Second) of Torts, as a “proxy for state common law.”317 Courts accordingly describe the harm to plaintiffs as constituting such torts as assault, battery, and intentional infliction of emotional distress. As the Valore court stated, “The FSIA does not restrict the personal injury or death element to injury or death suffered directly by the claimant; instead, such injury or death must merely be the bases of a claim for which money damages are sought.”318 The court therefore found claims were permissible not only for the deaths of the 241 servicemen killed in the attack on the Marine barracks in Beirut and the physical injuries suffered by those who survived the attack, but also for “emotional and financial injury to survivors, decedents, decedent’s estates, and decedent’s family members.”Note: FSIA is the acronym of the Foreign Sovereign Immunities Act of 1976.
Birth Injuries
Exposure to dangerous drugs has been linked to a host of birth defects in unsuspecting mothers. All-too often, birth defects must manifest in babies before the FDA and drug manufacturers are aware of the potential fetal danger. Other times, manufacturers were aware, or should have known, of the potential for danger and face serious lawsuits and jury verdicts. In either situation, parents are often left desperate to improve their baby’s health and are left with questions as to how a seemingly harmless prescription drug could cause such devastating effects.
Personal Injuries and the State Laws
Select from the list of U.S. States below for state-specific information on Personal Injuries:
- Personal Injuries in the Subject Index of the Alabama Portal
- Personal Injuries in the Subject Index of the Alaska Portal
- Personal Injuries in the Subject Index of the Arizona Portal
- Personal Injuries in the Subject Index of the Arkansas Portal
- Personal Injuries in the Subject Index of the California Portal
- Personal Injuries in the Subject Index of the Colorado Portal
- Personal Injuries in the Subject Index of the Connecticut Portal
- Personal Injuries in the Subject Index of the Delaware Portal
- Personal Injuries in the Subject Index of the Florida Portal
- Personal Injuries in the Subject Index of the Georgia Portal
- Personal Injuries in the Subject Index of the Hawaii Portal
- Personal Injuries in the Subject Index of the Idaho Portal
- Personal Injuries in the Subject Index of the Illinois Portal
- Personal Injuries in the Subject Index of the Indiana Portal
- Personal Injuries in the Subject Index of the Iowa Portal
- Personal Injuries in the Subject Index of the Kansas Portal
- Personal Injuries in the Subject Index of the Kentucky Portal
- Personal Injuries in the Subject Index of the Louisiana Portal
- Personal Injuries in the Subject Index of the Maine Portal
- Personal Injuries in the Subject Index of the Maryland Portal
- Personal Injuries in the Subject Index of the Massachusetts Portal
- Personal Injuries in the Subject Index of the Michigan Portal
- Personal Injuries in the Subject Index of the Minnesota Portal
- Personal Injuries in the Subject Index of the Mississippi Portal
- Personal Injuries in the Subject Index of the Missouri Portal
- Personal Injuries in the Subject Index of the Montana Portal
- Personal Injuries in the Subject Index of the Nebraska Portal
- Personal Injuries in the Subject Index of the Nevada Portal
- Personal Injuries in the Subject Index of the New Hampshire Portal
- Personal Injuries in the Subject Index of the New Jersey Portal
- Personal Injuries in the Subject Index of the New Mexico Portal
- Personal Injuries in the Subject Index of the New York Portal
- Personal Injuries in the Subject Index of the North Carolina Portal
- Personal Injuries in the Subject Index of the North Dakota Portal
- Personal Injuries in the Subject Index of the Ohio Portal
- Personal Injuries in the Subject Index of the Oklahoma Portal
- Personal Injuries in the Subject Index of the Oregon Portal
- Personal Injuries in the Subject Index of the Pennsylvania Portal
- Personal Injuries in the Subject Index of the Rhode Island Portal
- Personal Injuries in the Subject Index of the South Carolina Portal
- Personal Injuries in the Subject Index of the South Dakota Portal
- Personal Injuries in the Subject Index of the Tennessee Portal
- Personal Injuries in the Subject Index of the Texas Portal
- Personal Injuries in the Subject Index of the Utah Portal
- Personal Injuries in the Subject Index of the Vermont Portal
- Personal Injuries in the Subject Index of the Virginia Portal
- Personal Injuries in the Subject Index of the Washington Portal
- Personal Injuries in the Subject Index of the West Virginia Portal
- Personal Injuries in the Subject Index of the Wisconsin Portal
- Personal Injuries in the Subject Index of the Wyoming Portal
Cause of Action Against Manufacturer for Personal Injuries Arising From Use of Diet Drug Fenfluramine (Fen-Phen) or Dexfenfluramine (Redux): an Overview
This section examines this type of action. This subject identifies the various elements of the Cause of Action Against Manufacturer for Personal Injuries Arising From Use of Diet Drug Fenfluramine (Fen-Phen) or Dexfenfluramine (Redux), offering a practical approach to the litigation issues of this cause of action. See also the entry about legal risks.
Cause of Action for Personal Injury or Property Damage Caused by Negligent Repair of Motor Vehicle: an Overview
This section examines this type of action. This subject identifies the various elements of the Cause of Action for Personal Injury or Property Damage Caused by Negligent Repair of Motor Vehicle, offering a practical approach to the litigation issues of this cause of action. See also the entry about legal risks.
Cause of Action for Personal Injury to Third Party Caused by Commercial Service of Alcohol Under Dram Shops or Civil Damage Acts: an Overview
This section examines this type of action. This subject identifies the various elements of the Cause of Action for Personal Injury to Third Party Caused by Commercial Service of Alcohol Under Dram Shops or Civil Damage Acts, offering a practical approach to the litigation issues of this cause of action. See also the entry about legal risks.
Personal Injuries (Admiralty Law)
This section introduces, discusses and describes the basics of personal injuries. Then, cross references and a brief overview about Admiralty Lawin relation to personal injuries is provided. Note that a list of bibliography resources and other aids appears at the end of this entry.
Resources
Cause of Action Against Manufacturer for Personal Injuries Arising From Use of Diet Drug Fenfluramine (Fen-Phen) or Dexfenfluramine (Redux): an Overview
This section examines this type of action. This subject identifies the various elements of the Cause of Action Against Manufacturer for Personal Injuries Arising From Use of Diet Drug Fenfluramine (Fen-Phen) or Dexfenfluramine (Redux), offering a practical approach to the litigation issues of this cause of action. See also the entry about legal risks.
Cause of Action for Personal Injury or Property Damage Caused by Negligent Repair of Motor Vehicle: an Overview
This section examines this type of action. This subject identifies the various elements of the Cause of Action for Personal Injury or Property Damage Caused by Negligent Repair of Motor Vehicle, offering a practical approach to the litigation issues of this cause of action. See also the entry about legal risks.
Cause of Action for Personal Injury to Third Party Caused by Commercial Service of Alcohol Under Dram Shops or Civil Damage Acts: an Overview
This section examines this type of action. This subject identifies the various elements of the Cause of Action for Personal Injury to Third Party Caused by Commercial Service of Alcohol Under Dram Shops or Civil Damage Acts, offering a practical approach to the litigation issues of this cause of action. See also the entry about legal risks.
Resources
See Also
Popular Topics related with Peronal Injury
- Foreign Sovereign Immunities Act Citation
- United States Foreign Sovereign Immunities Act
- Foreign Sovereign Immunity Law
- Immunities from Jurisdiction
- Immunity Definition
- Immunity of State Officials
Further Reading
- Information about Personal Injuries in the Gale Encyclopedia of American Law.