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What Is Injury Law?

Lawsuits involving injury focus on civil wrongs that can cause harm to your body, the mind and your emotions. The purpose of an injury lawsuit is to recover an amount of money to compensate for damages, such as medical bills, suffering and pain.

It's difficult to avoid such injuries, but you must take every precaution to protect yourself. If you're going to fall forward, you should turn your head to protect it, and then use your arms.

Negligence

Anyone who suffers injuries or other losses due to negligence of another's may file a lawsuit for negligence and seek financial compensation. To prove their case the plaintiff must establish four elements: duty, breach of duty, causation, and damages.

Negligence is the failure to act in a manner that reasonable people would do in similar circumstances. For example, a motorist should obey traffic laws in order to prevent accidents and harm to others on the road. A doctor is required to treat patients in the same manner that a medical professional with similar training would under similar circumstances. Lawyers may also rely on experts to prove that the defendant's conduct was far from the norms of the industry.

To prevail in a negligence case the plaintiff must prove that the defendant's breach of duty was a direct cause for their injury. This is called legal causation, and a skilled personal injury attorneys attorney will argue that the defendant's actions could be the sole cause of their injuries.

The plaintiff must prove that their injuries led to an actual loss of money including lost income and medical bills. Gross negligence is a more serious form of negligent behavior since it is total disregard for the safety of others. Gross negligence is when a nursing facility does not change the bandages on the patient for several days. In some states, defendants may use a defense known as contributory negligence to block the plaintiff from claiming damage.

Statute of Limitations

When someone else's negligent actions or careless disregard for your safety leads you to be injured and suffer injuries, the law gives you a limited period of time to make a claim, also known as the statute of limitations. This time limit, set by the state legislature, is meant to encourage prompt filing and prevent excessive delay.

The time period for filing a claim can vary from one state to another and also depending on the type of injury and type of injury. For instance the case of Pennsylvania personal injury cases such as car accidents, you generally have two years from the date of the accident to make claims. However, some claims may be subject to what is known as the discovery rule, meaning that the time limit for filing a claim does not start until your injury is discovered or should have been discovered.

In certain cases, such as ones involving intentional crimes such as assaults and false imprisonment, as well as defamation and the intentional infliction of emotional distress, the limitation period is longer. The statute of limitations may be exempted or tolled in some circumstances, like when a minor is involved, or a person is serving in the military or in a prison.

If you attempt to file a lawsuit after the statute of limitations has expired, your case could be dismissed without hearing. This is why it is essential to consult an experienced injury attorney well before the statute of limitations expires.

Damages

Many costs related to an injury can be attributed to a price tag. These are known as special damages. They can include medical expenses, out of pocket expenses, lost wages, the cost to repair or replace your property, and other fixed amounts. The law does limit the amount you can claim in special damages.

Other losses don't have an associated price and may be difficult to quantify, including the suffering and pain, the loss of enjoyment of life and other harms that are intangible. It isn't always easy to put a value on subjective losses like physical or emotional discomfort however lawyers and insurance companies use formulas to quantify their losses.

A person who is the plaintiff in a whiplash case, for instance might have sustained serious injuries that affect their daily life. They may have to seek help with chores around their home, eat differently, and miss out on recreational activities or spending time with family. The victim could suffer an impairment in enjoyment, that can be compensated through general damages.

To estimate the value of general damages claims attorneys and insurance companies usually begin by calculating the amount for medical special damages and then add the value of any income losses. They then multiply this by a number between 1.5 and 5. The higher multipliers are generally associated with more severe injuries.

Liability

In law, the term liability refers to a party who is found to be liable for an injury or harm. This can be due to negligence or strict liability. The majority of injury claims are based on the idea of negligence. Negligence is the inability to act with reasonable care under the circumstances. Jurors consider what reasonable people would have done in similar circumstances and then decide if the defendant's actions or inaction broke this standard. However, some injury cases are based on strict liability, such as the event that a defective product causes injuries.

In addition to the damages for economic losses, victims could be entitled to compensation for non-economic losses like suffering and pain. The amount of these damages can be difficult to quantify but our experienced injury lawyers are skilled in maximizing the value of your claim.

Certain personal injury lawsuits are multi-plaintiff cases like class actions or mass torts. One or more of these plaintiffs could be a company such as a pharmaceutical firm or an insurance company, or it could be an individual like you. In these kinds of cases, several parties could be held responsible based on the evidence provided by each plaintiff and the outcome of an investigation. If you've been hurt by the negligence of someone else or due to a wrongdoing and you are injured, call us immediately to discuss your case.