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.

Recently in Negligence / Other Injuries Category

Spotting Settlement Mills and Fast Food Lawyering

Settlement mills are high-volume personal injury law firms that advertise heavily and resolve claims mechanically. Avoid these firms like the plague although their national ads might make them a familiar name.

The phrase “settlement mill” was coined and popularized by Nora Freeman Engstrom, a Stanford Law School professor who researches the intersection of torts law and ethics. She writes extensively about how these firms resolve legal matters mechanically at the expense of client rights. It’s not a heartening tale but should be taken to heart.

Liability in a personal injury case isn’t always clear-cut. Sometimes, those of us who feel like victims can end up being sued ourselves.

Every case is different, but there are some common themes to defending a personal injury lawsuit. Here are a few:

Who Pays for Rescue Costs?

Whether you’re hiking in the wilderness or skiing in the backcountry, there’s always a chance you can get into trouble. Thankfully, most counties and states have search and rescue personnel that can help.

But these rescue efforts — which can include boats, helicopters, and a significant number of professionals and volunteers — can be costly. So who foots the bill when someone needs to be rescued?

Recovering Damages After Wildfires

Residents of Lake County in Northern California have been chased out of their homes by an inferno that has blazed for days and continues to threaten the region. As flames raged, people were forced to abandon their most precious possessions — and even pets — in fear for their lives. Meanwhile, local vineyards and farms went up in smoke, leaving some without homes and even without jobs.

The destruction wrought by wildfires in Northern California is impossible to calculate emotionally and difficult to put a dollar sign on. Firefighters now estimate that almost 600 homes have been destroyed in the recent Valley Fire.

Disrespecting Our Elders: Who to Call for Elder Abuse

Stealing candy from a baby may be easy but abusing the elderly is more profitable and unfortunately very popular. Despite the universal admonition that we must respect our elders, people of advanced age are abused across cultures and classes in the United States. The US Department of Health & Human Services estimates that one in every ten elderly Americans is mistreated by loved ones or strangers.

Elder abuse takes many forms — including financial, mental, physical, and sexual — and can be domestic or institutional. Although state statutory definitions vary, the term “elder abuse” refers to the mistreatment or exploitation the old — meaning a person aged 60 or 65 and above. Elder abuse applies to a wide range of ills with varying degrees of severity. Abuse is everything from abandonment or neglect of older parents by adult children to misallocation of funds or property by a professional. If you suspect it is happening, it is important to report it.

While most people may remember Ralph Nader for his quixotic presidential campaigns, the lawyer and political activist has been fighting as an advocate for consumer protection and environmental causes most of his life.

Now, after a decade of planning, Nader is nearing his goal of opening the country's first law museum, focused on injury lawsuits. The American Museum of Tort Law plans to open its doors next year in Nader's hometown of Winsted, Connecticut.

Enjoying the great outdoors, while also possibly bagging dinner, is a great American pastime in many parts of the country. But every now and then, a hunting expedition goes awry and someone ends up injured.

From falling on someone else’s property to having a rifle misfire, hunting can be dangerous even for the most responsible hunters. If you’ve been injured while hunting, when and whom can you sue for your injuries?

It all depends. That's the standard and most honest answer for just about every legal question, and nowhere is it more true than when it comes to injury settlements. The severity of the injury claim, the time passed since the injury, and the forum for settlement negotiations are just some of the myriad factors contributing to the time it will take for a settlement to be finalized.

Besides, both parties must first decide they want to settle, as well as the exact amount of the settlement and any other liability agreements. No two injury cases are the same.

Trending Personal Injury Questions From FindLaw Answers

You’ve got questions … we’ve got answers. If you have not yet asked or answered a question in FindLaw’s Answers community, what are you waiting for? This amazing free resource supports a dynamic community of legal consumers and attorneys helping each other out. Simple as that.

We see a lot of great questions in our Answers community every day. Here’s a look at some recent questions relating to injuries, accident, and torts from our FindLaw Answers boards:

We get massages to relax, heal an injury, or as long-term therapy. In essence, we go to a masseuse to feel better. But that's not always the case.

As with any medical or therapeutic treatment, a massage doesn't always go as planned, and sometimes a massage can result in injury. If that happens, can you sue?