Personal injury claims are legal disputes that arise when an individual suffers harm from an accident or injury caused by the negligence or intention of another individual or party. A personal injury case can become formalized through civil court proceedings, or may be resolved through an informal settlement before a lawsuit is filed.

Unlike criminal cases, which are initiated by the government, a formal personal injury case typically starts when a private individual (plaintiff) files a civil charge against another individual, business, corporation, or government agency (defendant), alleging that their negligent or careless actions caused the plaintiff to sustain injury or harm.

Most personal injury disputes are resolved through an informal settlement, usually between those involved in the dispute, their insurers, and attorneys representing both sides. A settlement commonly takes the form of negotiation, followed by a written agreement in which both sides forgo any legal recourse, opting instead to resolve the dispute through an acceptable monetary arrangement.

What are Negligence Defenses?

In the case of negligence, damages awarded for a negligence claim may be reduced if there existed some type of contributory or comparative negligence. In some cases, if an assumption of risk was involved, the case may be dropped or the award reduced depending on the circumstances.

What is Contributory Negligence?

The term "contributory negligence" is used to describe the actions of an injured person that may have also caused that person's own injuries. For example, a person who ignores a "Wet Floor" sign and slips and falls in the supermarket may be found to have been careless and at fault for any injuries sustained. "Contributory negligence" can prevent a person from collecting any monies to compensate for injuries suffered, even if that person's carelessness was minor. Some states have done away with the concept of contributory negligence and instead use the concept of "comparative negligence."

What is Comparative Negligence?

Comparative negligence works on a percentage basis to assign a degree of fault for the injuries sustained. For example, a plaintiff in a products liability case cannot be found more than fifty percent at fault in order to be compensated for their injuries. If a plaintiff is found to be fifty-one percent at fault, he or she will not receive any damages for said injuries. Plaintiffs who are found to be less than fifty-percent at fault, however, are awarded compensation in accordance to their percentage of fault. For example, a person slips and falls on a wet supermarket floor and is awarded $100,000. The supermarket is found to be eighty-percent responsible for the accident because of dangerous floor conditions. However, the injured plaintiff is found twenty percent responsible for not exercising caution, so the award is reduced to $80,000.

Can damages be recovered for Medical Malpractice in Nursing Homes?

Injuries suffered by residents of nursing homes may receive compensation under applicable medical malpractice state laws. When health care providers (this includes nursing home professionals and staff) fail to provide treatment with a reasonable degree of care, they may be liable for any resulting damages.  Because nursing home residents require special care and attention, it is all the more important that the nurses and staff of the nursing home provide proper care to the residents.  If you or someone you know reside in a nursing home and have been injured as a result of improper care, consultation with an attorney knowledgeable about medical malpractice law could help you determine if you have a valid claim.

Does misdiagnosis fall under medical malpractice?

Yes. Medical malpractice is the failure of a medical provider to properly perform their duties, including the diagnosis of your condition. Misdiagnosis may include the failure to run certain diagnostic tests or failure to diagnose a condition in a timely manner. Medical malpractice is essentially the failure of a medical provider (including doctors, pharmacists, radiologists, laboratory technicians and doctors) to use reasonable care in treating a patient. The prescribed standard care that these medical providers owe their patients varies in different jurisdictions. However, the general rule is that they owe their patients the standard of care generally accepted by the medical profession with regard to the same or similar circumstances. If you have been injured because of misdiagnosis, you may have a claim against the medical providers who treated you. Statutes of limitation bar the filing of claims after a certain period of time has passed following the negligent act. These laws vary state to state. For more information on misdiagnosis, consult with a qualified attorney.