Personal Injury Newsletters

Federal Teacher Protection Act — Applicability

The federal Teacher Protection Act (TPA) applies to teachers, instructors, principals, administrators, school board members, and other educational professional or nonprofessional employees who work in a school and are called upon to maintain discipline or ensure safety.

Pain and Suffering Damages

An injured plaintiff has the right to recover damages for pain and suffering that he might suffer as a result of a defendant’s tortious act against the plaintiff. Pain and suffering damages frequently constitute the largest portion of personal injury awards.

Publication of a Defamation

A lawsuit for defamation has the following basic elements: (1) making a false statement; (2) about a person; (3) to others; and (4) actual damages (if the harm to the person is not apparent). There is a fifth element when the person is a public official or public figure. The person who made the statement has to have made it with a known or reckless disregard of the truth. This article discusses the third element, making a statement to others, known as publication.

STATUTES OF LIMITATIONS IN TORT CASES

A statute of limitations is the time period in which a plaintiff must file a lawsuit against a defendant. A statute of limitations benefits the defendant. It gives the defendant an opportunity to defend the lawsuit while witnesses are available and while the facts are fresh in the minds of the witnesses. The plaintiff is barred from filing a lawsuit after the statute of limitations has expired.

Tort Action for Interference with a Right to Vote or to Hold Office

Under the common law, a person commits a tort when he or she intentionally deprives another person of his or her right to vote or of his or her right to hold office. A person also commits a tort when he or she seriously interferes with the other person’s right to vote or to hold office. A person who commits this tort is liable to the other person for damages.