What Is Injury Law?

The law of injury deals with civil violations that can cause harm to your body, mind and emotional. The aim of an injury lawsuit is to secure the financial compensation you deserve for damages such as medical bills, suffering and pain.

It's hard to avoid injuries, but it's important to protect yourself as much possible. If you're going to fall forward, you should turn your head to protect it, and then use your arms.

Negligence

A person who has suffered injuries or other losses as a result of negligence of another can sue for negligence and seek financial compensation. To prove their case the plaintiff must prove four things: duty, breach of duty, causation and damages.

Negligence is defined as the inability to act with the same level of care reasonable prudent people would have in similar situations. For example, a motorist must adhere to traffic laws to prevent accidents and harm to other people on the road. A doctor is required to treat patients in the same manner that an individual with similar training would do under similar circumstances. Lawyers may also rely on expert testimony to show that the defendant's behavior Injury Lawsuit was in line with industry standards.

In order to win a negligence case the plaintiff must prove that the breach of the defendant was the sole cause of the injury. This is referred to as legal causation. A reputable personal injury lawyer will argue that the defendant's actions were the sole cause of the plaintiff's injuries.

The plaintiff must show that their injuries have caused tangible financial loss, such as lost income and medical bills. Gross negligence is a more serious type of negligence in that it involves a complete disregard for the safety of others. A nursing home that fails to change the patient's bandages over a period of several days is an example of gross negligence. In certain states, defendants may be able to use a defense known as contributory negligence to block the plaintiff from claiming damages.

Statute of Limitations

If someone else's negligence or careless disregard for your safety leads injuries to you, the law provides the victim with a certain amount of time to file a lawsuit, called the statute of limitations. This time limit is set by the state legislature to make sure that lawsuits are filed on time and to avoid unreasonable delays.

The time period for filing a claim differs from state to state and from one type of injury to the next. In Pennsylvania, for example, car accidents allow for two years to file a personal injury lawsuit. However, certain claims could be subjected to the discovery rule. This means that the statute of limitation does not begin until the injury is discovered or should have been reasonably discovered.

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

If you decide to file a lawsuit after the statute of limitations has expired, your case may be dismissed without hearing. It is therefore important to consult a seasoned injury lawyer before the statute runs out.

Damages

Many of the costs that result from an injury come with a price. These are referred to as special damages and can include medical expenses, out of pocket expenses, lost wages, the cost to repair or replace your property, and other fixed costs. The law does limit the amount you can claim in special damages.

Other losses don't carry an estimated price and can be difficult to calculate for example, the pain and suffering, loss of life enjoyment and other harms that are intangible. The process of putting a dollar value on subjective losses such as physical or emotional discomfort can be difficult but attorneys and insurance companies make use of formulas to determine the value of them.

For instance, a plaintiff in a personal injury law firm lawsuit for whiplash could have sustained significant injuries that cause many pains and discomfort to their daily life. They may need assistance with chores around the home, eat differently, and miss out on recreational events or gatherings with friends. The victim may experience an absence of pleasure and this is a redressable loss as general damages.

To estimate the amount of a claim of general damages, lawyers or insurers usually start by calculating the total of medical special damages. They then add the value of any income loss. They will then multiply this amount by a number that ranges from 1.5 to 5. The more severe injuries usually result in higher multipliers.

Liability

In law, the term "liability refers to the person who is held accountable for an injury or harm. This could be due to negligence or strict liability. The majority of lawsuits involving injuries are based on the concept of negligence. Negligence is the inability to act with reasonable care in the circumstances. Jurors decide what a reasonable person would have done in similar circumstances, and then decide if the defendant's act or inaction broke this standard. Some injury cases are based solely on strict liability. For example, when defective products are the cause of injuries.

In addition to the damages for economic losses, victims may be entitled to compensation for damages that are not economic like pain and suffering. The amount of these damages is hard to quantify however, our skilled injury lawyers are skilled in maximizing the value of your claim.

Most personal injury lawsuits involve a single plaintiff versus several defendants but some are multi-plaintiff suits like class actions or mass torts. One or more of these plaintiffs could be a corporate entity such as a pharmaceutical firm or an insurance company, or it could be an person like you. In these kinds of situations, multiple parties can be held liable based on the evidence provided by each plaintiff and on the findings of an investigation. If you've been injured due to someone else's negligence or wrongdoing and you are injured, call us immediately to discuss your case.