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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Police brutality is both ugly and widespread, but there is some hope in knowing that Section 1983 of Civil Rights Act exists to protect victims from police attacks on their constitutional rights.

Congress enacted 42 U.S.C. § 1983 in order to protect the rights guaranteed to all Americans by the 14th Amendment. Under Section 1983, a victim can file a lawsuit in federal court for police brutality.

How exactly does this work?

Bride Among 5 Killed in Limo Fire

A night of reverie turned to tragedy when a bridal party's stretch limousine burst into flames. The bride was killed in the limo fire, along with four of her friends.

The limousine's driver was unhurt, and four other passengers who survived were treated for burns and smoke inhalation, reports the San Francisco Chronicle.

Investigators still aren't sure what caused the limo fire Saturday night. While victims and relatives of the bride who died may be considering wrongful-death or personal-injury lawsuits, the limo company could potentially claim some valid defenses.

'Catfishing' Leads to Lawsuit at Ball State Univ.

Thanks to the Manti Te'o hoax, everyone knows what the catfishing lawsuit at Ball State University involves: an online soulmate, a string of conversations, an innocent victim, and pranksters behind it all.

But in this catfishing suit, there's a catch: It's not the victim who's suing. Citing a violation of their First Amendment and due process rights, two students who "catfished" their roommate are suing Ball State for suspending them because of the prank.

Do the roommates have a case?

Two women "mistakenly" shot by LAPD officers during the Dorner manhunt reached a $4.2 million settlement with the city of Los Angeles this week.

Maggie Carranza, 47, and her mother Emma Hernandez, 71, will receive the settlement as compensation after LAPD officers opened fire on their truck with the two inside, reports the Los Angeles Times. The officers were on the lookout for ex-cop Christopher Dorner, who was the subject of an intense manhunt in February.

The money is some comfort to these women, who are recovering from their injuries. But there are other innocent victims who are waiting for justice after being hurt by reckless police officers.

TX Fertilizer Plant Explosion: 2 Lawsuits Filed

The Texas fertilizer plant explosion that killed 14 people, injured 200 and destroyed dozens of homes last week has led to two lawsuits. They're likely the first of many.

The plant in West, Texas, near Waco, caught fire April 17, and as first responders arrived on-scene, a huge explosion occurred. As expected, the plant's owner is now being sued -- by a single mom and by several insurance companies.

At the center of the explosion, and the lawsuits, is the definition of an inherently dangerous condition.

Where Should You File Your Lawsuit?

If you've suffered an injury, you may be tinkering with the idea of suing the party at fault. But where should you file your lawsuit?

First, you should wait until you can take a deep breath, unclench your angry fist and consider whether filing a lawsuit is the right decision.

If you've done that -- or just want to pursue a lawsuit with an angry fist -- the next step is to figure out which court is the most appropriate to hear your case. Here are some general considerations:

How Do You Sue a School District?

Suing a school district may not be the most common way to resolve an issue with school administrators, but it is a course of action school employees, parents and families can take under certain circumstances. If a school violates someone's rights or causes injury or harm, the injured party can seek compensation.

Generally, suing a school district is an uphill battle for plaintiffs and involves a complex legal process. The first of many steps a plaintiff will need to take is to determine the grounds for the lawsuit against the school district.

What Is Qualified Immunity?

Qualified immunity shields public officials from damages for civil liability so long as they did not violate an individual's "clearly established" statutory or constitutional rights.

The immunity is available to state or federal employees, including law enforcement officers, who are performing their jobs. As a result, if a state or federal employee violates an individual's federal constitutional rights, that employee is protected from liability if he or she did not violate rights spelled out by a "clearly established" law.

Why are these protections available? The goal of the immunity is to allow state and federal employees to perform their responsibilities without fear of being sued by individuals who may suffer injuries.

How to Prove Emotional Distress

Proving that you suffer emotional distress can be extremely difficult. Unlike broken bones or other injuries, you may have no X-rays or other medical documents to point to.

Instead, emotional distress is largely psychological. And while the suffering can be as great, if not greater, than physical injuries, plaintiffs can have a hard time proving to a court they are entitled to damages given the difficulty of proof.

For those considering a claim for emotional distress, here are some ways you may be able to prove your claim:

4-Year-Old Shoots 6-Year-Old: Who's Liable?

A 6-year-old boy was accidentally shot in the head with a .22 caliber rifle by his 4-year-old neighbor in Toms River, New Jersey. The shooting came days after another 4-year-old accidentally shot and killed the wife of a sheriff's deputy in Lebanon, Tennessee, the Chicago Tribune reports.

The accidental shootings raise questions about whether parents of small children can be sued for their children's actions.