USA Law

Personal Injuries

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:

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

Posted

in

,

by

Robert

Tags:

, , , , ,