Negligence / Other Injuries: Injured
Injured - The FindLaw Accident, Injury and Tort Law Blog

Negligence and Other Injuries

Negligence is the most commonly used legal principle in personal injury lawsuits. Essentially, the concept of negligence rests on the idea that the defendant owed some sort of a duty to the injured party and that duty was somehow breached. The duty is usually breached through an action or inaction of the defendant. The breach of the injury must have been the proximate cause of the injury.

There also exists an element of foreseeability in negligence. For there to be a valid negligence claim, the injury must have been foreseeable in the actions (or inaction) of the defendant and the injured party must have been within a "zone of danger". The concept of foreseeability is sometimes different among the states but the general premise is the same.


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Let's say you slip and fall in a county courthouse. Or you're riding a city bus when it crashes. If you're injured, you may have an injury claim against the government.

And while all injury lawsuits have time limits, known as the statute of limitations, cases against city, state, or federal entities often have shorter limits and additional filing requirements. Here are a few things to keep in mind if you're wondering whether it's too late to sue the government for an injury.

There are two major legal protections of our medical privacy: the physician-patient privilege and the Health Insurance Portability and Accountability Act (HIPAA). Both preclude doctors from disclosing your medical records to third parties without your consent.

But what happens to your medical records after you die? What if you need access to a deceased loved one or family member's medical records? Here's how death affects medical privacy under HIPAA and the physician-patient privilege.

There are a few ways to resolve a personal injury claim after an accident. Insurance could cover medical expenses, or a case could go to trial and a jury could issue a verdict and monetary award. The majority of cases, however, are concluded with an out of court settlement.

Often, these settlements are negotiated by attorneys from both sides. But what happens if the other party, or their attorney, contacts you directly, or before you've hired your own attorney? Should you accept an out of court settlement?

Accepting a settlement directly from the other party or without consulting an attorney can be risky -- here are a few things to keep in mind:

We see people testify all the time on courtroom dramas, but not all testimony is given on the witness stand at trial. Before a trial ever takes place, lawyers from both sides are able to interview potential witnesses as part of the discovery process.

If you are required to give a deposition as part of a personal injury claim, here are some tips for how to testify at a deposition.

After a year of back and forth negotiations, countless doctor's visits, and lots of pain and suffering, your lawyer got you a settlement award for your personal injury claim.

Congratulations! You now get to pocket that money and go on your merry way. But, wait just a second. The tax man would like to speak with you real quick. Part of that settlement you got might belong to him.

So, is your personal injury settlement award really taxable?

If you've agreed to a settlement in your injury case, you may be wondering what happens if the other side doesn't live up to their end of the bargain. So how do you enforce a settlement agreement?

As it turns out, just expecting the other party to hold up their side of the deal might not be enough, and even requesting compliance in writing may not mean you'll get paid. So here are a couple considerations when it comes time to enforce a settlement agreement.

We trust doctors to be experts at their jobs. Mothers trust doctors with their babies' lives. But, what happens when a doctor fails in his duties? What if your baby is injured during birth? Can you sue?

Maryland's Court of Appeals recently upheld a $20.6 million jury award to a family whose son was severely disabled during birth. The suit claimed that doctors failed to perform a Cesarean section; the prolonged vaginal birth cut off the baby's oxygen, leaving the boy with cerebral palsy and requiring medical care for the rest of his life.

With over five birth injuries for every 1,000 babies born, many people have brought medical malpractice claims and birth injury lawsuits against doctors, nurses, and hospitals. So if your baby is injured at birth, do you have a case?

A driver's car insurance can cover damage that a car inflicts on a bicycle. But does it cover damage that a bicycle may inflict on a car?

Say you're driving down the road, minding your own business, when -- WHAM! -- you get hit by a bicyclist. There are scratches and dents along the side of your car, and your side mirror is gone. Who's going to pay for all of this?

Assuming that the bicyclist is completely at fault, then the bicyclist is responsible for paying for the damages. But, if he can't pay out of pocket, will his car insurance (if he has it) cover the damage?

Injuries can happen, and ruin, any vacation. But there something about Spring Break that seems to increase the injury danger.

If you're injured while on Spring Break, you're probably far from home and could use some tips on handling your case. Here are a few that you may want to keep in mind:

Stories of bullying in the school yard are in the news all too often. Just last month, a 12-year old boy with Asperger's syndrome was beaten so severely, he had to be hospitalized with a jawline fracture, fractured skull, and ear damage.

Often, victims' parents sue the school districts that failed to protect their students or the actual bullies. However, can parents of the bullies also be sued?