Kava is extracted from the root of the Piper Mesthysticum. This is a native plant to the South Pacific that has been used for many years for its medicinal qualities of relaxation and pain relief.
Kava is also commonly used as a beverage in ethnic communities. It has recently been used in herbal supplements and teas that promote relaxation.
Kava is linked to severe liver damage. The effects of Kava on the liver are not completely known, however.
Kava has been linked to:
The signs of liver damage include:
Due to the link between Kava and liver damage, several countries have banned the use of Kava in food products.
Kava is still currently available in the United States market. However, the Food and Drug Administration (FDA) is currently investigating the link between Kava and liver disease.
The FDA has issued a warning to consumers to consult with their physician if they consume Kava and have medical issues.
In a personal injury claim, the plaintiff is asserting that they sustained an injury. That injury may be either mental, physical, or both, because of the defendant’s act or the failure of the defendant to act.
In a personal injury claim such as one involving kava injuries, the court may award the plaintiff compensatory damages. In certain cases, the events that form the basis of a personal injury claim also form the basis of criminal charges.
For example, with an assault and battery case, the defendant may face a civil lawsuit as well as criminal charges.
There are numerous types of events or accidents that may form the basis of personal injury claims, including:
Generally, the goal of personal injury litigation is to provide compensation to the injured party for the losses that result from an accident or for the negligent conduct on the part of the defendant. As previously noted, this compensation usually comes in the form of a monetary damages award, or compensatory damages award.
Compensatory damages are most commonly awarded in personal injury cases to compensate the plaintiff for the following:
In many personal injury cases, damages will also be awarded for other issues, including pain and suffering and punitive damages. These types of damages, however, are not available in every case.
In certain personal injury cases, other legal remedies may be available. One common example is an injunction. An injunction is a court order that instructs the defendant to cease a certain type of conduct or to complete a certain task.
Compensatory damages may be classified as two different types, special damages and general damages. Special damages are awarded to restore the injured party to the position they were in prior to the accident and its resulting injury.
Special damages can be calculated, for example, medical expenses and other quantifiable losses. General damages are awarded for losses that cannot be as easily calculated, such as defamation.
Personal injury litigation can be divided into three main types of claims, including:
Each of these categories of claims has its own set of elements that the plaintiff must prove in order to recover any damages. Determining fault is one of the most common difficulties faced in a personal injury case.
In order for the court to find the defendant liable, the plaintiff is responsible for proving that the defendant was the cause of their injury. This is done by presenting evidence to the court.
The plaintiff may use numerous different types of evidence, including:
It may be difficult to prove in medical malpractice or defective products cases. This is because medicine as a practice does not produce exact results and a product may pass through numerous hands before making it to the public.
Calculating damages is another difficulty that may be faced during a personal injury case. This is because it may be difficult to calculate exactly how much should be owed in damages.
In addition, state laws governing compensatory damages may vary. Some states may place limits on damages that may be received, especially for general damages.
The plaintiff’s awarded damages may also be reduced or limited, for example, if the plaintiff somehow contributed to their own injury.
A class action lawsuit, also called a representative action or class suit, is a type of lawsuit that is common in the United States. In a class action lawsuit, a number of plaintiffs sue one of more defendants on behalf of a class, group, or absent party.
Class action lawsuits were created to protect the rights of many individuals who have been harmed or damaged, often by a company or corporation. This fosters more awareness that a wealthy entity can be sued and doing so means joining forces with other individuals to increase the possibility of gaining success in pursuing legal action.
Another purpose of a class action lawsuit is to bring widespread awareness and publicity to the underlying issues of the litigation. Although the standards may differ by state, this type of lawsuit is typically used to address allegations that involve a large group of individuals.
A class action lawsuit can resolve all of the claims that are made by each member of the class, with or without knowing the extent of harm done to each individual member, as perpetrated by the same defendant. The benefits of pursuing a class action lawsuit may include:
For instance, in a case where a certain kava product has injured many consumers at once, it may be more expedient to file the lawsuit as a class action.
If you believe you have suffered an injury as a result of consuming Kava, you should seek medical care immediately. In addition, you may wish to consult with a class action lawyer who can help you recover damages for your injuries.
Your attorney can review your case and determine if you have a cause of action and against what parties. Because this is a new issue and the link between Kava and liver damage has not been firmly established, it will be difficult to obtain compensation without the assistance of a lawyer.
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