O'Brien, Belland & Bushinsky, LLC

Attorneys at Law

Taxation of Personal Injury Awards
 
In accordance with Section 104 of the Internal Revenue Code, a taxpayer's gross income does not include any damages that are received on account of personal physical injuries or physical sickness. It does not matter whether the damages have been obtained by a court order or through a negotiated settlement. It also does not matter whether the damages are paid in a lump sum or in accordance with a structured settlement that provides for periodic payments. Therefore, any monetary payments to a plaintiff for the plaintiff's physical injuries are not taxable to the plaintiff.More...
 
Federal Volunteer Protection Act -- Exceptions
 
The federal Volunteer Protection Act (VPA) grants immunity to a volunteer who causes harm to a person while the volunteer is performing services for a nonprofit organization or governmental entity. However, under some circumstances, a volunteer is not immune from liability for such harm.More...
 
Liability of Pilots
 
In almost every aircraft accident, whether the accident involves a commercial aircraft or a private aircraft, one of the first considerations is whether the pilot's negligence was the cause of the accident. A pilot who is in command of an aircraft is the person who is responsible for the operation of the aircraft while it is in flight. The pilot is also responsible for the safety of the aircraft. More...
 
Tort Law -- Financial Responsibility
 
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. Most scholars agree that tort law has four purposes: (1) compensation for damages; (2) financial responsibility; (3) deterrence; and (4) avoiding self-help. This article discusses the purpose of financial responsibility.More...
 
Tort Law - Generally
 
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. This article discusses the words used to describe those who commit torts and how tort law is a particular collection of accepted legal theories for suing people for money.More...
 
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