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What Is Injury Law?

Injury law focuses on civil offenses that cause damage to your body, emotions and mind. The purpose of an injury lawsuit is to secure the financial compensation you deserve for damages such as medical bills, pain and suffering.

It's hard to avoid injuries such as this, but it's important to take precautions as much as you can. For instance, if you are about to fall backwards, turn your head to the side and then shield it with your arms.

Negligence

Anyone who suffers injuries or other losses as a result of negligence of another's can file a negligence lawsuit and seek financial compensation. The plaintiff must first prove four factors to establish their claim: breach of duty causation, damages and breach of duty.

Negligence is defined as the failure to act with the level of care that reasonable and prudent people be expected to exercise in similar circumstances. For instance, a driver should obey traffic laws in order to avoid accidents and injury to others on the road. A doctor is obliged to provide patients with the same care that a similarly qualified medical professional would offer in similar circumstances. Lawyers can also use expert testimony to show that the defendant's conduct fell below industry norms.

In order to win a negligence case, the plaintiff has to prove that the defendant's negligence was the main cause of the injury. This is called legal causation. A good personal injury attorney will claim that the actions of the defendant were the sole possible cause of their injuries.

The plaintiff must prove that their injuries have caused real financial losses including medical bills and lost income. Gross negligence is a more serious type of negligence because it entails a complete disregard for the safety of others. A nursing home that fails to change the patient's bandages for a period of time is an example of gross negligence. In some states, defendants can use the defense of contributory negligence to block the plaintiff from claiming damage.

Statute of limitations

The statute of limitations is the period of time that you must file a claim if someone negligence or reckless disregard of your safety causes you harm. The statute of limitations, as set by the legislature of the state, is intended to encourage timely filing and to prevent unreasonable delay.

The statute of limitation varies between states and also depending on the type of injury and type of injury. In Pennsylvania for instance, car accidents are covered for two years to make a claim for personal injury. Nevertheless, certain claims may be subject to the discovery rule. This means that the statute of limitation does not start until the injury is discovered or could have been reasonably discovered.

In certain circumstances, such as those involving intentional torts such as assaults and false imprisonment and defamation, and intentional infliction of emotional distress, the limitation period is longer. It is also possible for a statute of limitations to be waived or tolled such as in the case of minors or a person who is incarcerated or on military duty.

If you decide to file a suit after the statute of limitations has expired, your lawsuit could be dismissed without hearing. It is therefore important to consult a seasoned injury lawyer well before the statute expires.

Damages

Many of the costs associated with injuries come with costs. These are known as special damages and can include medical expenses, out of pocket expenses, lost wages, the cost of repairing or replace your property and other fixed sums. The law does not limit the amount of special damages that you can seek.

Other losses are difficult to quantify, for instance suffering and pain as well as loss of enjoyment life, and other non-tangible harms. In determining a dollar amount for subjective losses like physical or emotional pain can be challenging but lawyers and insurance companies employ formulas to measure them.

A person who is the plaintiff in a whiplash case, for example might have suffered serious injuries that affect their daily lives. They may have to seek help with chores around the house, eat differently and avoid recreational events or gatherings with friends. The victim could suffer a loss of enjoyment, which could be compensated as general damages.

To determine the value of a claim for general damages, lawyers or insurers typically begin by calculating the total of medical special damages. They then add the value of any lost income. Then, they will multiply this by a number between 1.5 and 5. Higher multipliers are often associated with more severe injuries.

Liability

In law it is a matter of liability. It refers to the party found responsible for harm or injury. This can be due to negligence or strict liability. Most claims for injuries are based upon the idea of negligence. Negligence is the act of not acting with a reasonable degree of care in the particular circumstances. Jurors consider what an average person would have done under similar circumstances and decide if the defendant's act or inaction violated the standard. However, certain injury cases are built on strict liability, for instance, when a defective product results in injuries.

Victims could also be entitled to compensation, in addition to damages for economic loss in the event of non-economic damages such as pain and discomfort. It's difficult to quantify these damages however, our injury lawyers have the experience to maximize your claim's value.

Most personal injury lawsuits pit one plaintiff versus several defendants but some are multi-plaintiff suits like class actions or mass torts. These plaintiffs could be corporations, such as an insurance company or a pharmaceutical company or they could be individuals just like you. In these cases, several parties could be held accountable depending on the evidence offered by each plaintiff and the findings of an investigation. If you've suffered injuries due to someone else's negligence or wrongdoing and you are injured, call us immediately to discuss your case.