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What Is Injury Law?

The law of injury is focused on civil violations that could cause harm to your body, the mind and your emotions. The aim of a successful lawsuit is to get money for damages such as medical bills and discomfort and pain.

It is difficult to avoid injuries, but it's important to take every precaution to protect yourself. For example, if you are going to fall backwards, turn your head around and protect it with your arms.

Negligence

A person who has suffered injuries or other damages as a result of someone else's negligence may file a lawsuit for negligence and seek financial compensation. To prove their case, the plaintiff will need to establish four elements: duty, breach of duty, causation, and damages.

Negligence is the inability to act in the manner that an ordinary person would under similar circumstances. For example, a motorist must follow traffic laws to prevent accidents and harm to others on the road. A doctor is required to provide patients with the kind of care equivalent to what a similarly trained medical professional would provide in similar situations. Lawyers can employ expert testimony to show that the defendant's behavior fell in line with industry standards.

To prevail in a negligence case the plaintiff must prove that the defendant's failure to perform their duty was the direct cause of their injury. This is referred to as legal causation. A reputable personal injury lawyer will argue that the defendant’s actions were the sole reason for the plaintiff's injuries.

The plaintiff must demonstrate that their injuries resulted in an unjustifiable financial loss, for example medical bills and lost income. Gross negligence is a more serious type of negligence in that it involves a complete disregard for the safety of others. Gross negligence is the case when a nursing home does not change bandages on a patient for several days. In some states, defendants are able to use a defense called contributory negligence to bar the plaintiff from claiming damages.

Statute of Limitations

If the negligence of someone else or careless disregard for your safety cause you to suffer injury, the law provides the victim with a certain period of time to file a lawsuit, called the statute of limitations. This time limit is established by the state legislature to ensure timely filing and avoid unreasonable delays.

The time frame for filing a claim is different from state to state and also from one type of injury to the next. In Pennsylvania, for example, car accidents, you have two years to file a personal injury claim. However, certain claims can be subject to the discovery rule. This means that the statute of limitation does not start until the injury is discovered or ought to have been discovered.

In some cases, like ones involving intentional crimes such as assaults and false imprisonment and defamation or intentional infliction of emotional distress, the limitations period is extended. It is also possible for a statute of limitations to be tolled or waived, for instance, in the case of an individual who is a minor or who is detained or on military duty.

If you decide to start a lawsuit after the statute of limitations has expired your case could be dismissed without hearing. This is why it's important to speak with an experienced injury lawyer before the time when the statute of limitations expires.

Damages

Many of the expenses caused by injuries have costs. Special damages include medical expenses, out-of-pocket expenses, lost wages and the cost of the repair or replacement of your property, in addition to other fixed costs. The law limits the amount you can claim in special damages.

Other losses don't carry an estimated price and can be difficult to quantify, including suffering and pain, loss of enjoyment of life and other tangible damages. It can be difficult to determine a value for subjective losses like physical or emotional pain however, insurance companies and attorneys use formulas to quantify these losses.

A person who is a plaintiff in a whiplash case, for instance might have sustained serious injuries that impact their daily life. They might need to ask for help with household chores, eat differently and miss out socializing or engaging in recreational activities. The victim may experience an impairment in enjoyment, that can be compensated through general damages.

To determine the value of a claim for general damages attorneys and insurance companies usually begin by calculating the sum for medical special damages, and then add the value of any income loss. They then multiply this amount by a number ranging from 1.5 to 5. The more severe injuries usually result in more multipliers.

Liability

In law, the term liability refers to the person who is held liable for harm or injury. It could be due to negligence or strict liability. Most injury claims are based on the notion of negligence. Negligence is the failure to act with reasonable care under the circumstances. Jurors determine what reasonable people would have done in similar circumstances and then decide if the defendant's act or inaction broke this standard. However, certain injury cases are built on strict liability, for instance, the event that a defective product causes injuries.

In addition to damages for economic losses, the victims may be entitled to compensation for other damages like suffering and pain. It's difficult to quantify these damages however, our injury lawyers are adept at maximizing your claim's value.

The majority of personal injury lawsuits involve a single plaintiff against multiple defendants, however, there are some multi-plaintiff suits like class actions and mass torts. One or more plaintiffs could be an entity such as a pharmaceutical firm or an insurance company or it could be an person like you. In these types of cases, several parties could be held liable based on the evidence provided by each plaintiff and the outcome of an investigation. Contact us immediately if you have been injured by another's negligence or wrongdoing.