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Accidents happen. We hear it all the time, and usually chalk it up to bad luck or being in the wrong place at the wrong time. But sometimes an accident and a resulting injury are somebody’s fault. And if someone else is at fault for your injuries, shouldn’t they have to pay if you have doctors’ bills, missed income, or even worse? There's a large and often complicated area of law that covers accidents, the injuries they cause, and determining who, if anyone, is at fault. FindLaw’s Accident & Injury Law section has articles covering every step of the legal process surrounding injuries and the laws that cover them.

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.

Determining Liability

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.

Negligence

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:

  • Duty: the defendant owed to a duty of care;
  • Breach of Duty: the defendant failed to meet that duty of care;
  • Cause in Fact: but for the defendant’s failure, the plaintiff would not have been injured;
  • Proximate Cause: the defendant’s failure (and not something else) caused the plaintiff’s injury; and
  • Damages: the plaintiff has actually been injured and suffered some loss.

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.

Read more

Recent Topics

  • Accident Fault FAQ
    Created by FindLaw's team of legal writers and editors.

    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.

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  • Attorney Injury Intake Questionnaire
    Created by FindLaw's team of legal writers and editors.

    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.

  • Checklist for Your Personal Injury Attorney
    Created by FindLaw's team of legal writers and editors.

    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.

  • Contributory and Comparative Negligence
    Created by FindLaw's team of legal writers and editors.

    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.

  • Defenses to a Negligence Claim
    Created by FindLaw's team of legal writers and editors.

    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.

  • Disability

    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...

  • Disability Insurance and Obamacare
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    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.

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    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.

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