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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If you suffer from chronic pain or fibromyalgia, you may want to seek legal remedies to compensate for your pain. Fortunately, you can sue for the injuries that caused or exacerbated your conditions. However, this may lead to a very heated legal battle, since permanent injures command high settlement or verdict amounts. 

Keep in mind that you may have a hard time winning a legal battle if you already had a chronic pain condition prior to the injury. Claims that a single event caused a chronic condition or fibromyalgia will be closely scrutinized. If causation can be clearly proven with medical evidence, then you may be able to recover damages attributable to the condition.

Schools are entrusted with more than just the education of their students, they are entrusted with the safety of the children they seek to educate. When a student is injured due to a school’s failure to keep the student safe, the student will likely have an injury claim that can be brought against the school.

School injuries can occur for many different reasons. Most injuries tend to be the result of school sponsored sports. However, fights, accidents, and even assaults on school property can result in injuries that a school can be held liable for. Like any other public or private establishment or business, a school has a duty to keep their premises safe. Students that suffer injuries on school property as a result of poor maintenance, or a dangerous condition, like a wet floor, will likely have a premises liability claim.

Attention Deficit Hyperactivity Disorder, better known as ADHD, is a recognized medical condition that has seen a rapid rise in the number of annual diagnoses since the early 1990s. Among the primary symptoms sufferers experience is an inability to maintain focus, or attention, as well as impulsiveness.

Since the rise in the number of diagnosed cases, researchers have turned their attention to how ADHD affects drivers. Shockingly, researchers have found that young drivers who have ADHD are more likely to get in a car accident than drunk driving adults.

Property owners often ask: Am I liable if a child is injured on my property? And, like nearly every question concerning legal liability, the answer is always: it depends. Just because an injury occurred on your property, it doesn’t automatically mean you are liable. However, for property owners, and even renters, if any person is injured on their property due to their negligence, then there is potential for legal liability.

When it comes to children, there is additional exposure to liability if your property contains what is known as an attractive nuisance, or you have agreed to supervise a play date or babysit.

Injury cases are often highly controversial. For example, people often disagree strongly about whether legal remedies are required to compensate for an injury, or whether the person received a fair or excessive amount.

In this context, there are numerous myths surrounding personal injury lawsuits. Here are the top three:

Any time a person is injured, the first thing the injured person should be concerned with is their injury. However, if you are injured while shopping, there may be legal considerations that, if you are able to remember, could be the evidence you never thought you’d need.

When a person is injured in a store, their first thought is rarely about suing the responsible party. However, if the injury happens at a retail store, it’s a good idea to immediately gather some evidence as your legal case could depend on it, and those types of injuries frequently lead to legal claims.

When a person is injured while engaging in a recreational activity, the rights to sue another person for their injuries can be limited. Normally, when a person is injured due to the carelessness of someone else, the injured person will have a claim for negligence. In a situation where someone is injured while ice-skating, there may be additional considerations and limitations that apply.

Before considering some of the specific limitations that apply to the ice-skating, there are two general legal principles that could be used as legal defenses to an ice-skating injury:

You may have heard the term 'class action lawsuit' before, especially when it comes to large companies being sued by a bunch of disgruntled customers. While the majority of lawsuits are filed by one party against another single party, a class action allows many parties who are similarly injured or situated to bring one lawsuit, for the sake of consistency and efficiency.

For example, one person injured by a defective car could sue the car manufacturer, but if the defect is widespread and causes many injuries, all of those affected could sue the car manufacturer collectively, under a class action claim. Class actions can be confusing, so here are four of the biggest questions regarding class action lawsuits, along with some answers.

Personal injury cases are among the most frequently handled cases by private attorneys for individuals. Injury cases are more challenging for unrepresented parties because they usually do not have the experience of dealing with the big insurance companies or the big insurance company’s attorneys to know how to negotiate the best deal.

Below are 5 of the most common questions people ask about personal injury cases, ranging from the most basic to the most important.

All too frequently, children are injured in driveway backover accidents. These accidents tend to occur when children are playing in the driveway, behind a vehicle. Sometimes the vehicle gets put in neutral or the brake is disengaged on accident by another child playing inside the car. Sometimes it’s a relative, friend, or neighbor who just didn’t expect a child to be sitting down in the middle of their driveway when they decided to back out. However it happens, the injuries can range mild to devastating to death.

When a backover accident occurs, liability may not be clear cut as different situations can lead to some unexpected results. Keep in mind that over 70 percent of backover accidents involving children are caused by parents or close relatives. The elderly are the next largest segment of backover victims, but it is much more rare to find an elderly person playing underneath or directly behind a car.