In this section you will find in-depth information on legal concepts and issues that apply to almost all accident and injury cases, including theories of legal liability in injury cases, time limits for bringing a case, rules of economic recovery, and more. From what you should do immediately after an injury to how to protect a claim settlement, you can find the resources you need below.
Whether it's a fender bender in an intersection or a slip and fall on an icy sidewalk, if someone is hurt in an accident, someone else is usually at fault. And depending on the sequence of events, it is easier to determine that fault for some accidents than for others. Over time, courts and legislatures have created tests for deciding legal liability, and how far and to whom it may extend.
A lawsuit attempting to prove liability for an accident is known as a negligence claim, filed by the injured party, the plaintiff, against the party thought to be at fault, the defendant. In order for a negligence claim to be successful, the plaintiff must prove each of five elements:
The law surrounding these elements can be complicated and the facts may be difficult to prov. Therefore, the success or failure of a negligence claim will depend on the specific circumstances of the case.
Recovery for Damages
If a negligence claim is successful, the plaintiff will usually be entitled to some amount of damages to compensate for his or her injuries. The exact amount of damages for the most part depends on the losses suffered by the plaintiff, and can include medical expenses, lost wages, and replacement or repair of property. As with the success of a negligence claim, damages amounts can vary, subject to the facts of the case and the applicable law in the jurisdiction in which the claim is brought.
Personal Injury Lawyers
As you can see, navigating the legal procedures in an accident and injury case can be difficult. An experienced negligence attorney can provide more information and guidance regarding the legal requirements and ramifications involved.
A collection of the most frequently asked questions regarding how fault is determined in accidents. Get answers to your questions about the elements of negligence, comparative fault, and much more.
If you've been injured and can't work, applying for disability benefits can help you receive an income until you can work again. Disability is a major, but often underestimated, risk workers face during their lives. According to the Social Security A...
Your attorney will need to know many details about your injury in order to prepare your case. This questionnaire will help you organize your information regarding various aspects the injury, including the extent of your injuries, how the injuries occurred, and the expenses you’ve incurred as a result.
A checklist of important information and documents you should bring with you when you meet with your attorney for the first time. The accident report, medical bills, and your insurance policies are just of a few of the documents you should bring.
Sometimes the defendant isn’t the only one to blame for a personal injury. Under contributory and comparative negligence approaches, the injured party’s fault is weighed against that of the defendant.
Defendants in personal injury suits often try to disapprove an element of the plaintiff’s negligence case. In addition to disproving an element, there are a number of other defenses to negligence, including comparative fault and assumption of risk.
One quarter of workers will experience a disability before reaching retirement age, disrupting their ability to work and provide for their families. For those who suffer from injury or illness and cannot work, disability insurance can provide an impo...
The Affordable Care Act, or "Obamacare" as it's often called, may have an effect on your disability insurance. Learn about those effects and whether benefits count as income here.
Maternity leave, also known as family medical leave, is the time off taken by a parent for a birth or adoption. The Family Medical Leave Act (FMLA) entitles most qualifying workers to up to twelve weeks of job-protected medical leave. However, the FM...
Explanation of how private disability insurers typically handle the claims process, including reasons why a disability claim may be denied and your options for appealing a denial.