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Personal Injury

Appropriation Lawsuits

Privacy is the general right to be left alone and free from unwanted publicity. There are four well-established lawsuits for invasion of privacy: appropriation, false light, intrusion, and disclosure. This article gives examples of appropriation lawsuits. Appropriation is defined as the use of a person’s name, likeness, or personality for the benefit of another. Defenses include that the matter is public or that the person whose privacy was invaded gave consent

Comparative Negligence vs. Contributory Negligence

Under the legal doctrine of comparative negligence, when both the plaintiff and the defendant are guilty of negligence, the plaintiff’s damage award will be reduced by the amount of his responsibility for the accident. For example, a motorcycle rider collides with a truck driver at an intersection.

Governmental Immunity from Suit

If a party is injured by some act of a governmental unit, official, or agency, he may or may not be permitted to sue. The reason that he may be barred from suing is because of “sovereign immunity.” Traditionally, this doctrine protected governmental units, officials, and agencies from liability based on their tortious acts unless they had consented to be sued. Now, this immunity has been waived in large part and only applies in certain circumstances.

Punitive Damages

Apart from legislation granting a right to sue for a specific harm, personal injury law generally consists of tort law and the civil procedure for enforcing it. One of the purposes of tort law is to provide compensation for damages. This article discusses punitive damages.

Stephen D. Phillips is the managing partner at the Phillips Law Offices in Chicago. He is a past President of the Illinois Trial Lawyers Association, Fellow of the International Academy of Trial Lawyers (500 lawyers worldwide) and Former member of Board of Governors of the Illinois State Bar Association. Mr. Phillips earned his Juris Doctor from Loyola University and his B.A. from the University of Iowa. He is an extensively published writer and sought-after lecturer on legal topics related to personal injury and wrongful death matters. Mr. Phillips is also the recipient of a number of awards and honors from various legal groups.

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