Injury and Accident Law

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Overview

When a person is injured, tort law will govern whether that person may be compensated for the injury, the amount of compensation that may be recovered, as well as which parties will be liable for the injury. Tort law, also known as injury law, comes from federal and state codes, as well as judicial opinions from prior cases.

Types of Injury Claims

Personal injuries constitute most injury claims in the United States. Personal injury suits may arise from automobile, plane or boating accidents, medical malpractice, animal or dog bites, defective or dangerous products, "slip and fall" accidents, or intentional assault. A number of personal injury claims also arise from injuries sustained in the workplace, including complications from industrial diseases (asbestosis, asthma, etc.), repetitive strain injury and occupational stress. Other injury claims include suits for libel, slander, defamation and property damage.

Bringing an Injury Claim

If the negligent, reckless or intentional acts of another causes an injury, injured parties or their loved ones should obtain legal representation as soon as possible to preserve evidence. Even if it appears that no one is at fault for the injury, or that injuries are minor, it may be beneficial to seek legal advice before the statute of limitations runs out and precludes further legal action. An injured victim may be able to recover through a formal civil court proceeding, or through informal settlement negotiations. If a victim chooses to pursue a civil court action, they generally must file the lawsuit in the county where the injury occurred.

Negligence

Most injury cases require the injured party (the "plaintiff") to prove that the opposing party (the "defendant") acted negligently. In order to recover under a negligence claim, the injured party must prove that: (1) the defendant owed a legal duty to that party; (2) the legal duty was breached by the defendant; and (3) the defendant's actions caused the injury. Generally, every citizen has the duty to act as a reasonably prudent person under similar circumstances. Defendants breach this duty if they fail to act with reasonable care. If the injury would not have occurred but for the defendant's breach, and there is no intervening event that breaks the chain of causation, the defendant will be found negligent. If a court determines that a defendant was negligent, the defendant may be liable for the plaintiff's injuries.

Strict Liability

A strict liability standard is used to determine liability in cases involving injuries caused by defective products, dangerous animals, or inherently dangerous activities such as blasting or shipping toxic chemicals. In strict liability cases, defendants may be found guilty even if they used reasonable care in conducting their activities. A defendant is guilty under a strict liability standard so long as the defendant's actions caused the plaintiff's injuries.

Types of Recovery in Injury Suits

An injured party may seek to recover their losses in a civil lawsuit. Additionally, a victim's family members may also be eligible to recover for losses suffered as a result of the victim's injuries. Common types of recovery include:

General Damages. General damages compensate losses related to the injury that are not easily quantifiable. General damages include compensation for pain and suffering and loss of enjoyment of life.
Loss of Consortium. The spouse of an injured party may bring a claim for loss of consortium. Loss of consortium damages compensate the spouse for any lost affection, solace, comfort and sexual relations which may result after an injury. In some jurisdictions, parents may also recover for loss of consortium of a child.
Lost Earning Capacity. If an injury has interfered with a party's ability to earn money in the future, the injured party may be entitled to damages for lost earning capacity. The court will consider a number of factors in determining how much the individual would have earned in ensuing years but for the injury.
Lost Wages. An injured party may recover any wages lost from the date of the injury to the date of settlement or judgment.
Medical Expenses. An injured party may recover medical expenses incurred in connection with the injury.
Punitive Damages. The goal of punitive damages is not to compensate the plaintiff, but to punish the defendant. Punitive damages may be awarded any time the defendant engages in reckless or intentional wrongdoing.
Wrongful Death. If a victim dies from their injuries, family members may bring a wrongful death action that will compensate them for the loss of the victim.

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Featured Cases

Seavey v. KAI, USA, Ltd. et al
4:2012cv00001
Filed in Alaska District Court
Type of Suit: Other Personal Injury
Plaintiff: Mitchell Seavey. Defendant: KAI, USA, Ltd. and Sportsman's Warehouse, Inc.
Judge: Ralph R. Beistline
Cause Of Action: Petition for Removal- Personal Injury
(February 1, 2012)
FELLNER v. TRI-UNION SEAFOODS, L.L.C.
2:2006cv00688
Filed in New Jersey District Court
Type of Suit: Personal Injury- Product Liability
Plaintiff: DEBORAH FELLNER; Defendant: TRI-UNION SEAFOODS, L.L.C.
Judge: Dennis M. Cavanaugh
Cause Of Action: Diversity
(March 10, 2011)
PFM Air, Inc. et al v. Dr.Ing.hc.F.Porsche A.G. et al
8:2008cv00392
Filed in Florida Middle District Court
Type of Suit: Airplane Product Liability
Plaintiff: PFM Air, Inc., Goedicke Inc of America, Peter Collinson Family, LP, AB Consulting, Inc., Pacific Aeromarine, Inc. and others...; Defendant: Dr.Ing.hc.F.Porsche A.G., Porsche Cars North America, Inc., Porsche Aviation Products, Inc., Gary Butcher
Judge: Elizabeth A. Kovachevich
Cause Of Action: Diversity
(January 25, 2011)
FERRARA v. UNITED STATES FLAG AND TOUCH FOOTBALL LEAGUE
3:2009cv00094
Filed in Florida Northern District Court
Type of Suit: Other Personal Injury
Plaintiff: SEAN S. FERRARA; Defendant: UNITED STATES FLAG AND TOUCH FOOTBALL LEAGUE
Judge: M CASEY RODGERS
Cause Of Action: Diversity
(August 4, 2010)
Smidt v. Ryle et al
2:2010cv00072
Filed in Wyoming District Court
Type of Suit: Other Personal Injury
Plaintiff: Richard J Smidt. Defendant: Franklin J Ryle, Wyoming Department of Transportation John Cox, Wyoming Highway Patrol Colonel Sam Powell, Jess Oyler, John Butler and other.
Judge: Clarence A Brimmer
Cause Of Action: Civil Rights Act
(April 12, 2010)

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Dockets

Barton v. Torres et al
1:2013cv03025
Filed in New York Eastern District Court
Type of Suit: Motor Vehicle
Plaintiff: Walterine Barton. Defendant: J.B. Hunt Transport and Noel Torre.
Judge: Margo K. Brodie
Cause Of Action: Notice of Removal
(May 22, 2013)
Briganti v. Ethicon, Inc. et al
2:2013cv12084
Filed in West Virginia Southern District Court
Type of Suit: Personal Injury- Product Liability
Plaintiff: Maria Briganti. Defendant: Ethicon, Inc., Ethicon, LLC and Johnson & Johnson.
Judge: Joseph R. Goodwin
Cause Of Action: Diversity-Product Liability
(May 22, 2013)
Bartlett v. Takeda Pharmaceuticals U S A Inc et al
6:2013cv01171
Filed in Louisiana Western District Court
Type of Suit: Personal Injury- Product Liability
Plaintiff: Glenn Bartlett. Defendant: Takeda Pharmaceuticals U S A Inc, Takeda Pharmaceuticals America Inc, Takeda Global Research & Development Center Inc, Takeda California Inc, Takeda Pharmaceuticals International Inc and other.
Judge: Rebecca F Doherty
Cause Of Action: Diversity-Product Liability
(May 22, 2013)
Bodden v. Quigley
1:2013cv21834
Filed in Florida Southern District Court
Type of Suit: Motor Vehicle

Cause Of Action: Diversity
(May 22, 2013)
Brown v. Zimmer Inc. et al
1:2013cv00545
Filed in New York Western District Court
Type of Suit: Personal Injury- Product Liability
Plaintiff: Milton Brown. Defendant: Zimmer Inc., Zimmer Holdings, Inc. and Zimmer Orthopaedic Surgical Products, Inc.
Cause Of Action: Diversity-Product Liability
(May 22, 2013)

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To prohibit employment discrimination on the basis of sexual orientation or gender identity.
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A bill to prohibit the employment discrimination on the basis of sexual orientation or gender identity.
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Occupational Safety and Health Administration
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,
68084-68097 [2011-28274]
DEPARTMENT OF LABOR Occupational Safety and Health Administration 29 CFR Part 1980 [Docket Number: OSHA-2011-0126] RIN 1218-AC53 Procedures for the Handling of Retaliation Complaints Under Section 806 of the Sarbanes-Oxley Act of 2002, as Amended AGENCY: Occupational Safety and Health Administration, Labor. ACTION: Interim Final Rule; request for comments. SUMMARY: The Occupational Safety and Health Administration (OSHA) is amending the regulations governing employee protection (``retaliation''... [read document]
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Proposed Rule - Occupational Injury and Illness Recording and Reporting Requirements: NAICS ...
Occupational Safety and Health Administration
Proposed Rule
Occupational Injury and Illness Recording and Reporting Requirements:
NAICS Update and Reporting Revisions
,
59952-59953 [2011-24779]
DEPARTMENT OF LABOR Occupational Safety and Health Administration 29 CFR Part 1904 [Docket No. OSHA-2010-0019] RIN 1218-AC50 Occupational Injury and Illness Recording and Reporting Requirements--NAICS Update and Reporting Revisions AGENCY: Occupational Safety and Health Administration (OSHA), Labor. ACTION: Proposed rule; Notice of reopening of rulemaking record. SUMMARY: OSHA is reopening the rulemaking record to allow interested persons to comment on OSHA's proposal to update Appendix A to... [read document]
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Proposed Rule - Occupational Injury and Illness Recording and Reporting Requirements: NAICS ...
Occupational Safety and Health Administration
Proposed Rule
Occupational Injury and Illness Recording and Reporting Requirements:
NAICS Update and Reporting Revisions
,
36414-36438 [2011-15277]
DEPARTMENT OF LABOR Occupational Safety and Health Administration 29 CFR Part 1904 [Docket No. OSHA-2010-0019] RIN 1218-AC50 Occupational Injury and Illness Recording and Reporting Requirements--NAICS Update and Reporting Revisions AGENCY: Occupational Safety and Health Administration (OSHA), Labor. ACTION: Proposed rule. SUMMARY: OSHA is proposing to update Appendix A to Subpart B of its Injury and Illness Recording and Reporting regulation. Appendix A contains a list of industries that are... [read document]
View Document | Download PDF
(June 21, 2011)
Rule - Standards Improvement Project: Phase III
Occupational Safety and Health Administration
Rule
Standards Improvement Project:
Phase III
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33590-33612 [2011-13517]
Vol. 76 Wednesday, No. 110 June 8, 2011 Part IV Department of Labor Occupational Safety and Health Administration 29 CFR Parts 1910, 1915, 1917 et al. Standards Improvement Project--Phase III; Final Rule Federal Register / Vol. 76, No. 110 / Wednesday, June 8, 2011 / Rules and Regulations DEPARTMENT OF LABOR Occupational Safety and Health Administration 29 CFR Parts 1910, 1915, 1917, 1918, 1919, 1926 and 1928 [Docket No. OSHA-2006-0049] RIN 1218-AC19 Standards Improvement Project--Phase III... [read document]
View Document | Download PDF
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Rule - Compliance Directive for Fall Protection in Residential Construction
Occupational Safety and Health Administration
Rule
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,
80315 [2010-32154]
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View Document | Download PDF
(December 21, 2010)

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