Mitigation of Damages Law
 
Paula Brooks v. Jorge Blanco Acosta and Cusi Trucking Corp.

Denver, Colorado personal injury lawyers represented the Plaintiff who sued on auto negligence theories.

This case was filed in the Elbert County District Court, 2023CV30014, and was removed to federal court by the Defendants.

Colorado state law uses 50% modified comparative negligence. That means that if a driver is over 50% at fault for an accident, they give up their right to... More...
   $0 (04-01-2024 - CO)

Jose Rodriguez-Rohena and Cassy Quiroa v. Damian Garza, et al.

Denver, Colorado personal injury car wreck lawyer represented the Plaintiff who sued on an auto negligence theory.

Colorado state law uses 50% modified comparative negligence. That means that if a driver is over 50% at fault for an accident, they give up their right to receive compensation for damages. Other states throughout the country have similar regulations in place regarding traffic... More...
   $0 (03-29-2024 - CO)

Charles Mayo v. Safeco Insurance Company of America

Denver, Colorado insurance law lawyer represented the Plaintiff who sued on a bad faith breach of insurance contract theory.

This case was filed in the District Court, Boulder County, Colorado, case number 2023cv30574, and was removed to federal court by Safeco Insurance Company of North America.

The elements of a bad faith case in Colorado are:

For the plaintiff, (name)... More...
   $1 (03-29-2024 - CO)

Yolanda Tart v. Union Public Schools, et al.

Tulsa, Oklahoma pro se Plaintiff attempted to represent herself on an a bullying theory.

GREENOUGH, KELLY M: CASE COMES ON FOR NON-JURY TRIAL. WINSTON BROWN, COURT REPORTER. YOLANDA TART PLAINTIFF PRESENT APPEARS AS PRO SE. DEFENDANT EMILY BABB PRESENT, REPRESENTED BY PRESTON BENNETT.
COURT HEARD PLAINTIFFS-COUNTER DEFENDANT CASE IN CHIEF, SIX (6) WITNESSES SWORN AND TESTIMONY TAKEN. ... More...
   $0 (03-28-2024 - ok)

Mee Lee, et al. v. Jonathan D. Hughes, et al.

Muskogee, Oklahoma personal injury truck wreck lawyer represented the Plaintiffs who sued on auto negligence theories.

Oklahoma's comparative negligence statute includes a so-called “50-percent rule.” In Oklahoma, the ability to pursue damages under comparative negligence applies when a crash victim is 49 percent or less liable for the accident.

... More...
   $0 (03-28-2024 - OK)

Marueen A. Kirby v. USAA Insurance Agency, Inc., et al.

Missoula, Montana insurance law lawyers represented the Plaintiff who sued on a bad faith breach of insurance contract theory.



33-18-242. Independent cause of action -- burden of proof. (1) An insured or a third-party claimant has an independent cause of action against an insurer for actual damages caused by the insurer's violation of 33-18-201(1), (4), (5), (6), (9), or (13).... More...
   $1 (03-28-2024 - MT)

Laura Harris v. Wright National Flood Insurance Company

Pensacola, Florida insurance law lawyer represented the Plaintiff who sued seeking payment of a flood insurance claim.

The National Flood Insurance Reform Act of 1994 strengthened the NFIP with a number of reforms that included increasing the focus on lender compliance, creating mitigation insurance and developing a mitigation assistance program to further reduce the costly and devastatin... More...
   $0 (03-27-2024 - FL)

John Crum and Sondra Crum v. R.J. Corman Railroad Construction, LLC, et al.

Jacksonville, Florida personal injury lawyers represented the Plaintiffs who sued the Defendants on auto negligence theories.

This case was filed in the Fourth Judicial Circuit, Duval County, 2021-CA-001769, and was removed to federal court by the Defendants.


Florida operates under a legal doctrine of “pure comparative negligence.” Under this doctrine, a driver's percent... More...
   $1 (03-27-2024 - FL)

Silva Guerrero-Ramirez v. 99 Cent Only Stores, LLC

Las Vegas, Nevada personal injury lawyer represented the Plaintiff who sued on a premises liability negligence theory.

This case was filed in the Eighth Judicial District Court, A-22-857398-C, and was removed to federal court by 99 Cents Only Stores, LLC.

The civil law of negligence is based upon the concept that a reasonably prudent person should act in a certain way. Negligence... More...
   $0 (03-27-2024 - NV)

Glen Ralph Bertrand v. Colette Renee Bertrand and Shannon Gartner d/b/a Bear Creek Trucking

Billings, Montana personal injury lawyers represented the Plaintiff who sued on auto negligence theories.

Montana follows a “modified” comparative negligence rule, which means that a plaintiff can recover damages only if their degree of fault is less than 50%. If the plaintiff's fault is found to be 50% or more, they are barred from recovering any damages.

This case was filed... More...
   $0 (03-27-2024 - MT)

Joseph Dory and Gregory Jones v. United States of America

Boise, Idaho personal injury lawyer represented the Plaintiffs who sued on Federal Tort Claims Act negligence theories.

Idaho follows the modified comparative negligence rule. Under this rule, a plaintiff (the injured party) can only recover damages if their percentage of fault is less than 50%. If the plaintiff is found to be 50% or more responsible for the accident, they cannot recover ... More...
   $1 (03-27-2024 - ID)

Monica Johnson v. Costco Wholesale Corporation, et al.

Albuquerque, New Mexico personal injury lawyers represented the Plaintiff who sued on a product liability theory.

This case was filed in the Second Judicial Second Court, D-202-CV-23-07642, and was removed to federal court by Costco.

Under New Mexico law, product creators, distributors, retailers, licensors, and franchisers may be held strictly liable for damages resulting from a... More...
   $0 (03-26-2024 - NM)

Jennifer Witte v. Dolese and Dolese Bros Co., et al.

Oklahoma City, Oklahoma insurance law lawyers represented the Plaintiff who sued on a insurance law theory.

This dispute stems from a wrongful death suit that has already reached judgment in state court. Jennifer Witte, Plaintiff, filed suit on January 14, 2020, against Dolese in the District Court of Cleveland County for the wrongful death of her husband, Neil. Doc. 5: Mtn. at 1; Doc. 1... More...
   $0 (03-26-2024 - OK)

Wesley Neill Black, DDS, P.C. v. Hanover American Insurance Company

Tulsa, Oklahoma insurance law lawyers represented the Plaintiff who sued on a bad faith breach of insurance contract theory.

Black operated a dental office in Tulsa County, Oklahoma, and employed an office manager who had allegedly engaged in extensive employee theft, misappropriation of funds, and fraud.

The Defendant, Hanover American Insurance Company (“Hanover”) issued a ... More...
   $0 (03-26-2024 - OK)

Luis Dvid Ruiz v. Allied Van Lines, Inc., et al.

Las Vegas, Nevada personal injury truck wreck lawyer represented the Plaintiff who sued on an auto negligence theory.

This case was filed in the 8th Judicial District Court, A-22-853257-C, and was removed to federal court by Allied Van Lines, Inc. et al.

Under Nevada law, a car accident victim can only recover damages if their percentage of fault is less than 50%. If a victim is... More...
   $1 (03-26-2024 - NV)

Deborah L. McCarthy and Emily J. Hadley v. Allstate Fire & Casualty Insurance Company

Tacoma, Washington insurance law lawyer presented the Plaintiff who sued on a bad faith breach of insurance contract theory.

RCW 48.30.015
Unreasonable denial of a claim for coverage or payment of benefits.
(1) Any first party claimant to a policy of insurance who is unreasonably denied a claim for coverage or payment of benefits by an insurer may bring an action in the superior c... More...
   $0 (03-26-2024 - WA)

Irma S. DeCastillo v. First National Insurance Company of America

Richland, Washington insurance law lawyer represented the Plaintiff who sued on a bad faith breach of insurance contract theory.

RCW 48.30.015
Unreasonable denial of a claim for coverage or payment of benefits.
(1) Any first party claimant to a policy of insurance who is unreasonably denied a claim for coverage or payment of benefits by an insurer may bring an action in the superi... More...
   $0 (03-26-2024 - WA)

Natalie Brucella v. Metropolitian Life Insurance Company

West Palm Beach, Florida insurance law lawyer represented the Plaintiff who sued on a bad faith breach of insurance contract theory.

Florida‟s “bad faith” law allows an insured person or someone who has been injured by an insured person to recover damages from an insurer for failing to settle a claim in good faith when the insurer could and should have done so.

... More...
   $1 (03-25-2024 - FL)

Brittany Ramirez v. Indochino Apparel, Inc.

Los Angeles, California personal injury lawyers represented the Plaintiff who sued on a negligence theory.

This case was filed in the Los Angeles Superior Court, 23STCV22093, and was removed to federal court by the Defendant.

There are four basic elements of negligence under California state law: duty, breach, causation, and damages. Duty demonstrates the expectation to use reas... More...
   $0 (03-25-2024 - CA)

Evelyn Teichner v. State Farm General Insurance Company

Los Angeles, California insurance law lawyer represented the Plaintiff who sued on a bad faith breach of insurance contract theory.

An insurance company has a legal duty to uphold its obligations under the terms of the policy. If they fail to do so, they breach the contract and may be liable for damages. A bad-faith breach of contract claim, generally, must be brought within four years fr... More...
   $1 (03-25-2024 - CA)

Amanda Wilson v. Cahoon Enterprises, LLC and Hayden Scott Parks

Fargo, North Dakota personal injury lawyer represented the Plaintiff who sued on auto negligence theories.

North Dakota is a modified comparative negligence state It allocates fault to all parties involved, thus reducing how much each party can recover from the car accident. Since North Dakota is a modified comparative negligence state, drivers can claim damages so long as they were only ... More...
   $0 (03-25-2024 - ND)

Troma Riss v. Ecklund Logistics, Inc., et al.

Minneapolis, Minnesota personal injury lawyers represented the Plaintiff who sued the Defendants on auto negligence theories.

Minnesota follows the “comparative negligence” rule. Under this system, a plaintiff's compensation can be reduced by a percentage that equals their share of fault in causing the accident. If a plaintiff is found to be more than 50% at fault, they are barred fro... More...
   $1 (03-24-2024 - MN)

Ronald Pour, Sr. v. Liberty Mutual Insurance Company

Minneapolis, Minnesota insurance law lawyers represented the Plaintiffs who sued on a bad faith breach of insurance contract theory.

604.18 INSURANCE STANDARD OF CONDUCT.
Subdivision 1.Terms.

For purposes of this section, the following terms have the meanings given them.

(a) "Insurance policy" means a written agreement between an insured and an insurer that obligates... More...
   $0 (03-24-2024 - MN)

Michael Griffith, Sr., et al. v. Steffan Viernes, et al.

Sacramento, California personal injury lawyer represented the Plaintiff on an auto negligence theory.


Under this law, the amount of compensation an injured party can receive is determined by their level of fault in relation to the accident. For example, if a court determines that the injured party is 20% at fault, their total damages award will be reduced by 20%.... More...
   $0 (03-22-2024 - CA)

William Weisberg v. UNUM Life Insurance Company of America

San Francisco, California insurance law lawyer represented the Plaintiff who sued on a bad faith breach of insurance contract theory.

An insurance company has a legal duty to uphold its obligations under the terms of the policy. If they fail to do so, they breach the contract and may be liable for damages. A bad-faith breach of contract claim, generally, must be brought within four years ... More...
   $0 (03-22-2024 - CA)

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