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i think it is something like.. whose aplication was requested by the defendents to assess the isolated sufferings by the plaintiff in the accident, but we have to act in relation to the previous afflictions of the defendant(''? can demandada mean claimant, why would they worry about the previous afflictions of the defendents'') assuming that..

  • Posted Aug 27, 2008
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I get the same thing you do out of this. We would probably need the rest of the paragraph to straighten it out. It is possible that demandada was an accidental typo for demandante, I suppose.

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OK I'm not a lawyer and for the same reason I don't know the legal terms, but in plain Spanish: "demandados" are the people receiving the sue and the "demandante" is the person who initiate the sue

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Shrek, the words used in English (they are common, not just used by lawyers) are as follows:

demandado = defendant
demandantes = plaintiff (or claimant, as above)

Hence steve's confusion -- it seems unusual to be concerned about the defendant's suffering.

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Assuming that the reference _is_ to the plaintiff/claimant, "previous afflictions" should refer to possible preexisting injuries/medical conditions. Since these would not have _resulted_ from the disputed accident/injury, one cannot claim/expect any compensation for them.

P.S. I've never studied the law, either but there are those that say "In the U.S., _everyone_ is a lawyer!"

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