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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What can a disability lawyer do for you that you can't do on your own? Let us count the ways.

When your disability claim has been rejected and you're drowning in medical bills, of if you're just confused about the entire process, you'll want to hire a qualified disability attorney to help you sort out your claims.

Not convinced you need help? Here are five things your disability attorney can do that you (probably) can't:

Jockey's Family Wins $7.8M for Racetrack Death

A jockey's family has been awarded $7.8 million in a lawsuit against a racetrack in Pennsylvania where the jockey died nearly four years ago.

Mario Calderon, the jockey, died after being dragged and repeatedly kicked by the horse he was exercising. Calderon also suffered broken ribs and a bleed on his brain, according to Philadelphia's KYW-TV.

Calderon's family sued the racetrack for allegedly creating an unsafe working environment which caused his death.

When juries award multimillion-dollar sums to injured persons, it may seem like a win. But often these awards can be overturned for being excessive.

What does it mean for a personal injury damage award to be excessive? Here's a general legal overview:

5 Questions to Ask a Disability Lawyer

Disability insurance claims can be complex and are frequently denied (at least initially). A lawyer can help guide you through the process and make it less confusing.

Because disability can be a very personal matter, it's important to choose an experienced disability attorney who fits your needs and is experienced in that area of law. Thankfully, many offer free consultations.

After you scope out a potential attorney (or two), you'll want to find out some basic information about the lawyer and about your claim. Here are five questions to ask a disability lawyer:

Personal Trainer Sues NYC Over Rock-Climbing Injury

A personal trainer is suing New York City for injuries he sustained when he attempted to climb a large rock in the city's Hudson River Park.

Jonathan Stock, 32, of Brooklyn, says he ruptured his Achilles tendon after he fell from the boulder in June, according to the New York Post.

Stock is suing both New York City and the Hudson River Trust. His argument: There should've been a sign to prohibit people from rock climbing.

If You're Injured at the Gym, Can You Sue?

Injuries at the gym are fairly common. Whether it's pulling a muscle from doing too many reps or slipping in the locker because an overflowing shower made the floor wet, you may be wondering if your gym membership allows you to recover damages.

So can you sue your gym if you're injured on the premises? Here are a few factors to consider before you file a lawsuit:

3 Ways Truck Crashes Can Differ From Car Crashes

Any motor vehicle accident can lead to property damage or injury, but are there many potnetial ways in which a truck crash can differ from an "ordinary" car crash.

From special insurance coverage to commercial truck laws, there are actually several factors that can make truck accidents unique.

Here are three common differences between commercial truck accidents and standard car accidents:

When Can You Sue for Loss of Consortium?

Loss of consortium is a personal injury claim that can lead to damages for loss of affection and normal marital relations. In some cases, loss of consortium can also apply to a relationship between parents and children.

So when can a loss of consortium claim be made, and what will you have to prove in order to prevail in court?

Here are some general guidelines:

1 in 4 Car Crashes Involves Cell Phone Use: Report

More than one in four car crashes involves cell phone use, according to a new report by the National Safety Council.

Perhaps even more surprising, only 5 percent of crashes involve texting, while 21 percent involve drivers talking on handheld or hands-free cell phones, according to the report.

The findings serve as a grim reminder than talking on a cell phone while behind the wheel -- even on a hands-free device -- can be incredibly dangerous.

Iraq Vet to Get $4.5M for Occupy Oakland Shooting

An Iraq vet whose skull was fractured by a projectile shot by police during an Occupy Oakland protest has agreed to receive $4.5 million to settle a federal lawsuit with the city of Oakland.

During the protest, 26-year-old Scott Olsen was hit in the head by a beanbag round fired by a police officer standing less than 30 feet away from him, The Associated Press reports.

The large settlement amount stems from a variety of factors, including the nature and severity of Olsen's injuries and the negligent training of the officers.