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.

Recently in Negligence / Other Injuries Category

Cyclist Sues for Injured in Florida Bridge Collapse

On March 15th, the Florida International University pedestrian bridge collapsed, killing six people and injuring nine people. And, the first lawsuit relating to the tragedy has been filed, and it's likely that more lawsuits will follow. A lawsuit has been filed by a bicyclist who was injured as a result of the bridge collapse.

Woman Loses Injury Money After Fitness App Revealed Workout Routine

Social media has allowed people to connect with friends and family members across the world. You can now see updates to people lives with the click of a button. But, it's important to remember that it's not always only friends and family members that see what's going on in your life.

For example, if you call in sick to work but then end up posting pictures of yourself at a baseball game in the middle of the day, you risk having someone at work find out about it. Along similar lines, if you claim an injury and you receive money based on that injury, it's a good idea to keep your physical activities offline. Just ask a woman who lost her injury payouts once her insurance company noticed her exercise records online.

NYC Helicopter Pilot Sued for Negligence After Fatal Crash

It's tragic when people die in an accident, but even more upsetting when you feel that the tragedy could've been avoided. Nancy and Jerry Cardigan, the parents of one of the victims who died in a helicopter crash in New York City's East River, feel that negligence led to their son's death. So, they have filed a lawsuit against the helicopter pilot and the tour company.

Fertility Clinic Sued After Freezer Meltdown

There are few desires as primordial and existential as the desire to have children and start a family. For some, it only takes a few tequila shots and a Marvin Gaye album. For others, the long process of freezing their eggs or embryos provides the only hope of having their own biological children someday.

In the latter scenario, people entrust their eggs and embryos to a fertility clinic. In a devastating case out of Ohio, couples are suing a fertility clinic near Cleveland after a meltdown occurred in one of its tanks, damaging thousands of eggs and embryos contained inside. As one of the lawsuits contends, the clinic "destroyed the hopes, dreams, and futures of hundreds, if not thousands of prospective Ohio parents and families."

Cryotherapy Injury: When to Sue

One of the newest health treatments that celebrities are going crazy for is cryotherapy. Since celebrities are often an example for the rest of us non-celebs, it's no surprise that cryotherapy is being used by "regular" people as well. But, what exactly is cryotherapy? And, if you end up with injuries, can you sue?

Can Victims of a Mass Shooting Sue the Government?

The best answer is, it's unlikely. True, litigants sue the government every day, over alleged civil rights violations, controversial laws, run-of-the-mill personal injury claims against government agencies and employees, and more. The real question is usually less about whether you can you sue the government, and more about the likelihood of success.

Can You Sue a 'Naturopathic Doctor'?

Mario Rodriguez was a twenty-one year old physics student in Spain. So when he was diagnosed with leukemia, he did what you might not expect him to do. He spent 4,000 on alternative medicines and shunned a bone marrow transplant and chemotherapy. He later died of an intestinal infection, and his father sued the naturopathic doctor who prescribed his treatment. Can this sort of lawsuit happen in the U.S.?

Amtrak Liability for Train Accident Deaths

Your legal rights don't expire when you die. Wrongful death lawsuits allow surviving family members to sue train operators for these damages and to hold them accountable. So what's Amtrak's liability for train accident deaths? Well, it's clear but complicated.

Well yeah, right? Of course you want an attorney with trial experience. But when it comes to personal injury attorneys, trial experience isn't everything, especially when it's the wrong kind of experience.

There are a lot of reasons to hire a lawyer, and trial experience can be one of them. So find out how to assess that experience before hiring your personal injury attorney.

Yesterday morning, an Amtrak commuter train left the track south of Seattle and sent cars plummeting off an overpass onto I-5, killing three and injuring dozens more. Early reports indicate that the train, making its first run on a new route, may have been traveling over 80 miles per hour a quarter mile before the crash site, where the speed limits drops from 79 mph to 30 mph to accommodate a curve in the track.

If it turns out the engineer failed to obey the posted speed limit, what kind of liability would Amtrak be looking at?