What Is Injury Law?

Injury law is concerned with civil wrongs which can harm your mind, body and emotions. The purpose of an injury lawsuit is to collect monetary compensation for damages like medical bills and suffering and pain.

It's not easy to avoid injuries like this, however it is important to ensure you are protected as much as you can. For instance, if you are about to fall backwards, make sure to turn your head to the side and then shield it with your arms.

Negligence

A person who has sustained injuries or other damages as a result of negligence of another can bring a lawsuit against the negligent party and seek financial compensation. However, the plaintiff must first prove four things to establish their claim: breach of duty, breach causation, damages and breach of duty.

Negligence is defined as the failure to act with the same level of care reasonable prudent people would be expected to exercise in similar circumstances. For example, a driver must follow traffic laws to avoid accidents and cause harm to other people on the road. A doctor is required to treat patients in the same way that medical professionals with similar training would do in similar circumstances. A lawyer may also rely on expert testimony to prove that the defendant's behavior was short of the standards set by industry.

In order to win a claim for negligence the plaintiff must prove that the defendant's breach of duty was a direct cause of their injuries. This is referred to as legal causation. A good personal injury lawyer will argue that the defendant’s actions were the sole cause of the plaintiff's injuries.

The plaintiff must demonstrate that their injuries resulted in an actual financial loss, such as medical bills or lost income. Gross negligence is a more serious type of negligence since it is reckless disregard for the safety of others. Gross negligence is when a nursing facility fails to change bandages on patients for a period of time. In certain states, defendants may be able to use the defense of contributory negligence to prevent the plaintiff from claiming damage.

Statute of Limitations

If the negligence of someone else or careless negligence for your safety cause injury to you, the law provides the victim with a certain period of time to bring a lawsuit, referred to as the statute of limitations. The statute of limitations is established by the state legislature to encourage timely filing and to prevent unreasonable delays.

The time limit for filing a claim varies from one state to the next and also from type of injury to kind of injury. In Pennsylvania, for example car accidents, for instance, you have two years to make a claim for personal injury. However, certain claims could be subjected to the discovery rule. This means that the statute of limitations does not begin until the injury is discovered, or at least, should have been discovered.

In some instances, like those involving intentional torts such as assaults and injury lawsuits false imprisonment, as well as defamation and intentional infliction emotional distress, the limitations period is extended. It is also possible for a statute of limitations to be waived or to be tolled, for instance, in the case of minors or individuals who is in prison or on military duty.

If you decide to start a lawsuit after the time limit has expired, your case will be dismissed without being heard. This is why it is important to speak with an experienced lawyer for injury before the statute of limitations expires.

Damages

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

Other losses are more difficult to quantify, like suffering and pain and loss of enjoyment of life, and other intangible harms. It can be difficult to put an amount for subjective losses like emotional distress or physical discomfort however, lawyers and insurance companies make use of formulas to quantify their losses.

For instance, a person who is a plaintiff in a personal injury case for whiplash might have suffered significant injuries that bring plenty of pain and discomfort to their daily lives. They might need to seek help with household chores, eat differently and avoid socializing or enjoying leisure activities. The victim may experience a loss in enjoyment, which can be recouped as general damages.

To estimate the value of a claim for general damages lawyers and insurance companies typically begin by calculating the amount for medical special damages. They then add the value of any income losses. They will then multiply this number by a number ranging from 1.5 to 5. Higher multipliers are usually 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. It could be due to negligence or strict liability. The majority of claims for injuries are based upon the notion of negligence. Negligence involves failing to act with a reasonable level of diligence in the circumstances. The jury will determine what an average person in similar circumstances would do and then decides whether the defendant's actions or inactions were in violation of the law. However, injury Lawsuits certain injury cases are based on strict liability, such as the event that a defective product causes injuries.

Victims could also be entitled to compensation in addition to damages for economic loss as well as non-economic losses like discomfort and pain. It's hard to estimate these damages however, our injury lawyers are skilled in maximizing the value of your claim.

The majority of personal injury lawsuits pit one plaintiff against multiple defendants, however, there are some multi-plaintiff suits such as class actions and mass torts. One or more plaintiffs could be a corporate entity like a pharmaceutical corporation or an insurance company, or it could be an person like you. In these cases, a variety of parties can be held accountable based on the evidence provided by each plaintiff and the results of an investigation. Contact us immediately if you were injured by someone else's negligence or wrongdoing.