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What Is Injury Law?

The law of injury is focused on civil offenses that cause damage to your body, mind and emotions. The goal of a successful injury lawsuit is to obtain the financial compensation you deserve for damages such as medical bills, suffering and pain.

It's not easy to avoid injuries, but you should protect yourself as much possible. If you're about to fall forward, tilt your head to shield it, and use your arms to help.

Negligence

Someone who suffers injury or other losses as a result of an act of negligence by another person may file a lawsuit for negligence and seek financial compensation. However, the claimant must first prove four elements to establish their claim: breach of duty or breach of duty, causation or damages.

Negligence refers to the failure to act in a manner that an ordinary person would in similar circumstances. For instance, a driver should follow traffic laws to avoid accidents or harm to other road users. A doctor must treat patients in the same way that a medical professional with similar training would do in similar circumstances. Lawyers may also rely on expert testimony to demonstrate that the defendant's conduct was short of the standards set by industry.

To prevail in a negligence case the plaintiff must show that the defendant's failure to perform their duty was a direct cause of their injuries. This is known as legal causation. A skilled personal injury lawyer will argue that the actions of the defendant were the only possible cause of their injuries.

The plaintiff must prove that their injuries resulted in real financial losses for example, medical bills and lost income. A more serious type negligence is gross negligence, which involves a complete lack of concern for the safety of others. A nursing home that isn't able to change a patient's bandages after a few days is an instance of gross negligence. In certain states, defendants may use the defense of contributory negligence to block the plaintiff from claiming damage.

Statute of Limitations

The statute of limitations is the time limit that you have to file a claim in the event that someone is negligent or careless of your safety causes you harm. This time frame is set by the state's legislature to make sure that lawsuits are filed on time and to avoid unreasonable delays.

The statute of limitations varies from state to state and also depending on the type of injury to the next. In Pennsylvania for instance car accidents, for instance, you have two years to file a personal injury law firm claim. However, certain claims could be subject to what's known as the discovery rule, which means that the statute of limitations doesn't start until the injury is discovered or ought to have been discovered.

In other cases, such as those involving intentional torts such as assaults and defamation, false imprisonment and intentional infliction on emotional distress, the statute of limitations is longer. A statute of limitations can be extended or waived in certain situations, for instance when minors are involved, or the person is serving in the military or in a prison.

If you try to make a claim after the time limit has expired, your case will be dismissed without being heard. This is why it's important to speak with an experienced attorney for injury before the statute of limitations runs out.

Damages

A variety of costs associated with injuries come with cost. These are referred to as special damages and may include medical expenses, out-of-pocket costs, lost wages the cost to repair or replace your property and other fixed sums. The law limits the amount you can claim in special damages.

Other losses are more difficult to quantify, like suffering and pain or loss of enjoyment life, and a variety of other intangible harms. It can be difficult to determine a dollar value on subjective losses such as emotional distress or physical discomfort but attorneys and insurance companies employ formulas to quantify them.

For instance, a person who is a plaintiff in a personal injury case for whiplash could have sustained serious injuries that cause a lot of pain and a lot of difficulty in their day-to-day lives. They may need help with chores around the home, change their diet and miss out on recreational activities or spending time with family. The victim might suffer the loss of enjoyment which can be recovered as general damages.

To determine the value of a claim for general damages, attorneys or insurers typically begin by calculating total of medical special damages. They then add the value of any income loss. Then, they multiply this by a number between 1.5 and 5. The more severe injuries usually result in more multipliers.

Liability

In law, the term "liability refers to a person who is found liable for injury or harm. This could be due to negligence or strict liability. The concept of negligence is the basis for a majority of injury claims. Negligence is the act of not acting with a reasonable amount of care in the context of the situation. Jurors decide what an average person would have done in similar circumstances, and then determine whether the defendant's action or inaction broke this standard. However, some injury cases are built on strict liability, such as the case where a defective product causes injuries.

Victims may also be entitled to compensation in addition to the economic damages, for non-economic losses like pain and discomfort. The amount of these damages can be difficult to place a value on, but our experienced lawyers for injury are adept at maximizing the value of your claim.

Most personal injury lawsuits pit one plaintiff versus several defendants but there are some that are multi-plaintiff cases like class actions or mass torts. One or more of these plaintiffs could be an entity like a pharmaceutical company or an insurance company or it could be another individual like you. In these cases, multiple parties may be held responsible according to the evidence presented by each plaintiff as well as the results of an investigation. Contact us immediately if you were injured by someone else's negligence or wrongdoing.