Negligence / Other Injuries: Injured
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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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Can I Sue for a Black Friday Injury?

You woke up before dawn and posted up in front of the store. But you were not alone. When the doors opened, you and thousands of eager shoppers rushed to get inside. In the crush, you were hurt. What can you do?

You can sue for an injury that occurs on Black Friday, just like any other day. All the same rules apply to this frenzied occasion, meaning you will have to prove that injury was caused by someone's negligence. So let's take a look at how to prove a claim before you get back to that shopping list.

Is There a Minimum Settlement Amount for Injury Claims?

There is no minimum settlement amount for injury claims. Parties to a lawsuit can agree to pretty much any terms they choose.

But the court will scrutinize any settlement for signs of unfairness or coercion, especially if the difference in power between the parties is significant. So while you can theoretically agree to anything, your attorney will realistically need to be prepared to explain the deal.

Can I Counterclaim in an Injury Case?

You can counterclaim in a negligence case. If someone sues you for injury and you believe that the plaintiff's negligence caused or contributed to the injury, you can sue, too.

Counterclaims are common in car accident cases and, often, it is the insurance company that decides whether to sue on behalf of the defendant. In other injury cases, your defense attorney can help you decide whether a counterclaim is reasonable.

'Mighty' Offers Crowdfunding for Personal Injury Lawsuits

Mighty is a new financing startup that lets people invest in personal injury lawsuits. The idea is that plaintiffs won’t be forced to settle fast because they need cash and that investors will profit from damages awards for which plaintiffs held out. But is this a service that is really needed?

The company’s website says, “Mighty’s mission to empower plaintiffs to get a better deal from the justice system.” Mighty balances the power dynamic between litigants, allowing plaintiffs to go to trial when they might otherwise have to settle, according to Tech Crunch. However, there are some disturbing aspects to this startup, and it is not entirely clear that the model used for arts and entertainment applies to the law.

Most Common Terms in a Personal Injury Lawsuit

Personal injury is a subset of torts law, which is a word derived from French for 'a wrong.' Torts are wrongs caused by the negligence of another, and often they are compensable.

In a personal injury suit, you must prove all the elements of negligence. If your claim is successful, you will be awarded damages. Of course, knowing some common terms is not enough to handle a lawsuit on your own. But having a grasp of the basics will make an attorney's explanations much more valuable to you.

Can I Sue for a Facial Scar?

You can sue for a facial scar if it is the result of negligence on someone's part. There may also be other bases for a lawsuit. How much a case will be worth and whether it is worth suing depends on how you got the scar and who was involved.

If you went to see a plastic surgeon and the doctor left you with a visible unwanted incision, your case is likely worth a lot of money. This is all the more true if you happen to rely on your face to make money, and that applies to more than just models. But if your scar is the result of a barroom brawl and the perpetrator is in prison, say, it may not be worth your while to sue.

The image of lawyers as ambulance chasers is as old, and as pervasive, as the idea of lawyers as sharks. In fact, referring to attorneys as ambulance chasers is so common it’s not surprising that some people might think lawyers are literally chasing ambulances, looking for their next client.

The short answer is no — lawyers aren’t running after ambulances. And here’s why:

Most personal injury lawsuits barely make the papers. But these three made the silver screen.

In choosing the biggest injury cases, you could go by the dollar amount of the settlement or the jury verdict. But we decided to go with three that were so big that Hollywood came calling. Here are the three most famous personal injury lawsuits:

Can I Sue for a Railroad Crossing Accident?

Yes, you can sue for injury stemming from an accident at a railroad crossing. However, your lawsuit will only be successful if someone was negligent. Railroad crossings are generally hazardous and sometimes accidents just happen. Railroads are only liable for incidents that stem from their negligence.

So, if you do what some commuters in California have done recently and abandoned your car on the tracks, do not expect to successfully sue for damages. If, however, you have all the elements of a negligence claim, your suit may succeed.

Let’s see what you need to do to prove negligence if you are injured at a railroad crossing.

In most personal injury cases, the main point of contention is proving who was at fault for an accident or an injury. But just as important is proving the injury itself and the extent of the harm. Damages are an essential element of any injury claim and even if you can prove another party was negligent, you won’t be entitled to any recovery if you can’t prove your injury.

Depending on your circumstances, this could be as simple as an x-ray of a broken hip after slipping and falling in a store. Other injuries may be much more complex or hard to demonstrate. Here are some considerations for how to prove an injury: