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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One of the essential elements of a personal injury claim is proving your injury and your damages. If you can’t prove how much the injury cost you, you may not win your lawsuit.

So how do you do that? By documenting all of your injury costs and expenses right away, maintaining careful records, and providing everything you have to a good attorney. The absolute first thing you should do after an accident or injury is to take care of yourself — make sure you receive any required medical attention right away. Once you’re safe, here’s how to document your injury expenses before you file a personal injury claim:

How Landlords Can Avoid Tenant Injury Lawsuits

Your rental property is supposed to make you money every month and this income allows you to do more — go on vacations, splurge on special occasions, and enjoy the life of the landed gentry. But all that could change if you don’t pay attention to conditions on the property and ensure that tenants are safe.

Landlords are sued by tenants and their guests for negligence when injury occurs on a property and there is evidence of owner neglect. To avoid such suits, your best bet is to treat your property like the business it is, insuring it for all eventualities, and being aware of any potentially problematic issues.

Anyone who’s been injured or sick enough to spend time in a hospital knows that those visits aren’t cheap. Beyond the bills for tests, procedures, and overnight stays, you might be missing out on pay from work. And this combination can lead to you owing the hospital a significant amount of money.

So what happens when a hospital (or a debt collector) files a lawsuit to get paid?

Too Much College Fun: When Can You Sue for Hazing?

‘Boys will be boys’ used to be an excuse for bullying, and by the time boys were almost men it was expected that anyone who wanted to join a fraternity would put up with hazing. But today bullying and hazing are — at least officially — unacceptable and this could mean trouble for traditional fraternities.

A former Kappa Alpha Psi recruit in Maryland, Johnny Powell II, is suing the fraternity for $4 million, alleging that he was severely beaten and abused during recruiting, NBC News reports. “I shouldn’t have to die to be in a fraternity,” Powell said. His is not the first fraternity hazing case at all. But all raise the same questions about what is acceptable behavior today.

Loss of Consortium FAQ

When someone is injured or killed due to the negligence or wrongdoing of another, loss of consortium is a claim that family members can make. Depending on the jurisdiction, the claim is usually made by a spouse or partner of an injured person and awards damages for loss of the benefit of the family relationship.

But there are variations in state rules, and some places allow parents and children to claim loss of consortium, too. Let’s take a look at the basics of this claim.

There are quite a few considerations when hiring a personal injury attorney. You want someone who believes in your case and knows what they’re doing, all at the right price. Considering many injury lawyers work on a contingency fee basis, what you really need from your legal counsel is experience.

So how do you evaluate your personal injury attorney’s experience? And how much experience does he or she need?

Should You Have a Judge or Jury for Your Personal Injury Trial?

You have sued for personal injury and the case hasn’t settled. Now you need to decide whether you want a judge or jury trial for this civil suit. Your lawyer says a jury is the way to go but you just don’t know.

Isn’t a judge better-equipped to understand the issues? Why rely on the response of a bunch of strangers who know little about the law? Can a jury of your peers possibly understand the issues in your case? All these questions are legitimate, and the answer to all of them is the same: It depends.

$400k Settlement for Student Thrown by High School Assistant Dean

A Staten Island student who suffered from broken bones after an assistant dean threw him to the ground to stop a gym class altercation settled his lawsuit with the city for $400,000, reports Staten Island Live. Almost five years after the alleged incident, the city said that settlement was in its best interest.

Brian Shane, a 15-year-old at a high school for students with special needs and disabilities, was in a scuffle with two other students during a gym class wiffle-ball game when the alleged incident occurred in March 2011. Now Shane is out of Staten Island and high school and the matter is finally settled.

Ultrahazardous Activity: What Is It, Who's Liable?

Ultrahazardous activities involve a risk of injury that cannot be eliminated even by the exercise of the utmost care. Those engaged in these activities are held strictly liable when something does go wrong.

What that means is that whoever engages in abnormally dangerous activities has to pay for injuries caused as a result even when they were not negligent. The fact of engaging in the inherently dangerous or ultrahazardous activity and causing injury is enough to trigger liability.

10 Signs of Potential Nursing Home Abuse

The Department of Justice estimates that one in ten elderly people are abused each year. The abuse takes many forms — financial, sexual, mental, and physical. If you have a parent or loved one in elder care, you need to be aware of ways they may be in danger.

We do not want to believe that people we trust to care for our aged would harm them. But the elderly are very vulnerable when they are in nursing homes and visitors should be vigilant. Neglect and abuse occur. Here are some signs to help you spot care gone wrong.