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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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?

The Texas nurse who contracted Ebola from a patient has filed a lawsuit against the hospital where she worked. Nina Pham alleges the hospital's negligence led to her catching the deadly disease and is seeking compensation for continuing physical and emotional effects.

Although some additional claims focus on the invasion of Pham's privacy and fraud on the part of the hospital, there are a few legal lessons to be gleaned from the nurse's injury claims. For example:

It's possible that you could be a party in a class action lawsuit and you might not even know it. And if you've gotten a notice of a pending or completed class action lawsuit, you may be wondering what to do next.

While many class action notices don't require any action on your part, here is some basic info to bring you up to speed on why you're receiving a class action notice and what you may need to do:

Fun workplaces are all the rage, but it turns out they can also be dangerous. Rackspace Hosting, a cloud computing company, installed a two-story slide at its Texas headquarters and is now being sued for the second time over injuries sustained on the slide.

While the first slide-related lawsuit against Rackspace settled in January, the latest was just filed this week.

When we trust the health and well-being of our friends and loved ones to nursing homes, we hope they respect and honor that trust. But if someone you care about is injured at a nursing home, should you file a lawsuit?

Each case is different, and a lawsuit may not always be necessary. Still, if you are considering filing an injury claim against a nursing home, here are a few things to be aware of: