What Is Injury Law?

The law of injury is focused on civil infringements that could cause harm to your body, mind, and even your emotions. The goal of a successful injury law firm lawsuit is to secure the financial compensation you deserve for damages such as medical bills and suffering and pain.

It's hard to avoid injuries, but it's important to take every precaution to protect yourself. For instance, if are likely to fall backwards, turn your head around and protect it by using your arms.

Negligence

Anyone who has suffered injuries or other damages as a result of someone else's negligence may sue for negligence and seek financial compensation. To establish their case, the plaintiff will need to establish four elements that are: breach of duty, causation, and damages.

Negligence is defined as a person's inability to act with the same level of care a reasonably prudent person would have in similar situations. For instance, a driver must adhere to traffic laws in order to avoid accidents and injury to other people on the road. A doctor has a duty to give patients the same level of care similar to that a similarly trained medical professional would provide in similar situations. A lawyer may employ expert testimony to show that the defendant's behavior fell in line with industry standards.

To win a negligence case the plaintiff must prove that the defendant's breach was the main cause of the injury. This is referred to as legal causation. A skilled personal injury attorney will argue that the defendant's actions were the only possible cause of their injuries.

The plaintiff must show that their injuries have caused an actual loss of money including lost income and medical bills. A more serious type negligence is gross negligence, which is an absolute lack of concern for the safety of others. Gross negligence is when a nursing home is not able to change bandages for the patient for a number of days. In certain states, defendants are able to use a defense called contributory negligence, which can prevent the plaintiff from claiming damages.

Statute of limitations

The statute of limitations is the time period in which you are required to file a claim if someone negligence or reckless disregard of your safety results in harm. The statute of limitations is determined by the legislature of the state to encourage timely filing and to prevent unreasonable delays.

The statute of limitations varies from state to state and also for different types of injuries to the next. In Pennsylvania, for example car accidents, for instance are covered for two years to submit a personal injury claim. 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 some cases, like cases involving intentional torts such as false imprisonment and assaults as well as defamation or intentional infliction of emotional distress, the limitation period is extended. The statute of limitations may be waived or tolled in certain situations, for instance when a minor is involved or a person is serving in the military or in a prison.

If you decide to file a lawsuit after the statute of limitations has been reached, your case may be dismissed without hearing. Therefore, it is important to speak with an experienced injury lawyer prior injury lawyers to when the statute expires.

Damages

Many costs related to an injury come with a price tag. Special damages include medical expenses, out-of-pocket expenses, lost wages and the cost of repair or replacement of your property, as well as other fixed sums. The law does limit the amount you can recover from special damages.

Other losses are hard to quantify, such as suffering and pain as well as loss of enjoyment life, and a variety of other intangible harms. It isn't always easy to put a value for subjective losses like physical or emotional discomfort but attorneys and insurance companies employ formulas to quantify their losses.

A plaintiff in a sever whiplash case, for example might have sustained serious injuries that affect their daily lives. They may need help with chores around their home, eat in a different way and avoid recreational activities or socializing with family. The victim could experience a loss of enjoyment and this can be recouped as general damages.

To determine the value of the claim of general damages, lawyers or insurers typically begin by calculating the total of medical special damages. They then add the value of any income loss. They will then multiply this number by a range of numbers ranging from 1.5 to 5. More severe injuries generally result in greater multipliers.

Liability

In law, the term liability refers to a person who is held accountable for injury or harm. It could be due to negligence or strict liability. The concept of negligence is the basis for most lawsuits for injuries. Negligence is the inability to act with reasonable care in the circumstances. The jury will determine what an average person in similar circumstances would have done and decides if the defendant's actions or omissions violated this standard. However, some injury cases are determined by strict liability, like when a defective product results in injuries.

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

Certain personal injury lawsuits involve multi-plaintiffs that include mass torts or class actions. These plaintiffs can be corporations such as insurance companies or pharmaceutical company or they could be individuals such as you. In these situations, several parties may be held responsible depending on the evidence offered by each plaintiff and the results of an investigation. Contact us immediately if you have been injured by another's negligence or wrongdoing.