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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If you've been injured and are seeking legal help, the last thing you want is to get stuck with a huge bill for attorney's fees. Luckily, personal injury attorneys have wide array of payment structures, some of which entail you paying nothing at all.

So stop seeing red on attorney's fees. Make sure you remember these three things about paying a personal injury attorney:

You've already scheduled a consultation with an experienced personal injury lawyer. So what should you do to prepare for your meeting?

While you should leave the legal research to your lawyer and his or her staff, there are several things you can and should, if at all possible, bring to the table to ensure your consultation goes smoothly.

Here are five things you'll want to bring to your personal injury consultation:

Johns Hopkins Hospital has agreed to settle with thousands of patients over claims that a gynecologist secretly recorded office visits for years.

The class-action suit has more than 9,000 plaintiffs and accuses Johns Hopkins of being responsible for the recording and inappropriate behaviors of former Hopkins gynecologist Nikita Levy. The Los Angeles Times reports that Levy is alleged to have used hidden cameras during pelvic exams, including a camera pen he carried.

Worried about your privacy? Here are three things patients should know about the Hopkins settlement:

Cigarette manufacturer RJ Reynolds has been slapped with a $23.6 billion jury verdict, with more than 99 percent of the vast sum made up by punitive damages.

Putting it mildly, juries' love affair with tobacco companies has cooled in the last few decades, but it's still surprising to see a jury want to punish RJ Reynolds Tobacco Company this much. Plaintiff's attorney Willie Gary told the Pensacola News Journal that jurors "wanted to make a difference" after hearing how RJ Reynolds and others "lied and failed to disclose information that could have saved lives."

We certainly aren't blowing smoke; here are five things to know about this huge verdict against RJ Reynolds:

When can you sue for "pain and suffering" damages?

Damages are an important part of a personal injury case; after all, if there's no "injury," then there's no certainly no personal injury case.

But along with damages for economic losses such as medical bills, damages to property, or lost wages, personal injury suits can also sometimes include damages for "pain and suffering," which place a monetary value on both past and future physical and mental pain suffered by a plaintiff. Here's a general overview as to how this works:

Today marks 59 years of operation for Disneyland, which opened its doors July 17, 1955. But over the ensuing six decades, the "Happiest Place on Earth" has been the setting for many personal injury lawsuits.

In fact, over a five-year period from 2007 to 2012, Disneyland was sued for personal injuries nearly 140 times, according to a review of court records.

Still, not all of those lawsuits were successful. Here are five lessons that can be learned from Disney's long list of personal injury lawsuits:

The parents of a boy who committed suicide after an embarrassing video was posted online are seeking $1 million from his school district, alleging the school was culpable for their bullied son's treatment.

Matthew Burdette, 14, of San Diego, killed himself in November after an online video of the teen in a school bathroom stall went viral; the classmate who posted the video claimed Matthew was masturbating. San Diego's KGTV reports that Burdette's school knew about the incident, but the boy's parents didn't learn about it until well after their son had passed.

Is the school potentially liable for Burdette's death?

In many injury cases, the losing party is often saddled with paying the winning party's attorney's fees. But this isn't always the case.

In fact, it's often up to the court's discretion as to whether to award the prevailing party attorney's fees as part of his or her damages.

Let's look at some notable cases in which the losing party does -- and does not -- have to pay attorney's fees:

Can you back out of a settlement agreement? After agreeing to a settlement in your injury case, you may have a change of heart. Perhaps your medical bills have increased unexpectedly or the insurance policies involved are not enough to cover your treatment or recovery.

Courts may strike down settlement agreements that were reached through fraud or misrepresentation, or even when they feel the terms are unfair. But by and large, courts are likely to enforce these agreements.

So can you change your mind after settlement is reached?

A tourist's fingertips were severed after an accident on Walt Disney World's Pirates of the Caribbean ride Thursday, with many legal questions yet to be answered.

The injured man, a UK resident whose name has not been released, lost the tips of his ring and pinky fingers on his right hand. According to the Orlando Sentinel, the injury occurred after the victim was holding on to the outside of the boat during the ride.

Was the man properly warned, and should Disney cover the damage?