What Is Injury Law?

Lawsuits involving injury are concerned with civil wrongs that could affect your body, mind and emotional. The goal of a successful injury lawsuit is to recover an amount of money to compensate for damages, such as medical bills, pain and suffering.

It's difficult to avoid injuries such as this, but it's important to take precautions as much as possible. If you're prone to falling forward, turn your head to shield it, and use your arms to help.

Negligence

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

Negligence is defined as the inability to exercise the level of care that reasonable people would have in similar circumstances. For instance, a driver should obey traffic laws in order to prevent accidents and harm to other people on the road. A doctor is required to treat patients in the same manner that medical professionals with similar training would do in similar circumstances. Lawyers can use expert testimony to prove that the defendant's behavior fell in line with industry standards.

In order to win a negligence case, the plaintiff has to prove that the defendant's breach was the main 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 reason for the plaintiff's injuries.

The plaintiff has to prove that their injuries resulted in an unjustifiable financial loss, like medical bills and lost income. A more serious type negligence is gross negligence, which involves an absolute lack of concern for others' safety. Gross negligence occurs when a nursing home does not change bandages on the patient for several days. In some states, defendants may use a defense known as 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 else's negligence or reckless disregard of your safety results in harm. This time frame is established 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 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 injuries, injury lawyer such as car accidents, you typically have two years from the date of your accident to file claims. However, certain claims could be subject to the discovery rule. This means that the statute of limitations doesn't begin until the injury is discovered or could have been reasonably discovered.

In other circumstances, such as those involving intentional torts such as assaults and defamation, false imprisonment and the deliberate infliction of emotional distress the statute of limitations is extended. It is also possible for a statute of limitations to be waived or to be tolled, such as in the case of a minor or an individual who is incarcerated or serving on military duty.

If you attempt to file a suit after the statute of limitation has expired, your case may be dismissed without hearing. It is therefore important to consult with an experienced injury lawyer well before the statute of limitations expires.

Damages

Many costs related to an injury can be attributed to 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 sums. The law limits the amount you can claim in special damages.

Other losses are difficult to quantify, like pain and suffering and loss of enjoyment of life, as well as other intangible harms. It can be difficult to determine a dollar value for subjective losses like physical or emotional discomfort, but lawyers and insurance companies use formulas to quantify these losses.

A person who is a plaintiff in a whiplash case, for example might have suffered serious injuries that impact their daily lives. They may have to seek help with chores around their home, eat differently, and avoid recreational events or gatherings with friends. The victim might experience an absence of enjoyment, and this is a redressable loss as general damages.

To estimate the amount of a claim of general damages, attorneys or insurers typically begin by calculating the total of medical special damages. They then add the value of any income loss. Then, they multiply this number by a number between 1.5 and 5. Higher multipliers are usually associated with more severe injuries.

Liability

In law, the term "liability" refers to the person who is found liable for injury or harm. This could be due to negligence or strict liability. Negligence is the basis for most lawsuits for injuries. Negligence involves failing to act with a reasonable degree of diligence in the circumstances. Jurors decide what an average person would have done in similar circumstances and then determine if the defendant's conduct or inaction was a violation of this standard. Some injury cases are based solely on strict liability. For instance, if a defective product is the cause of injury.

In addition to damages for economic losses, the victims may be entitled to compensation for non-economic damages such as pain and suffering. It's difficult to quantify these damages, but our injury law firm lawyers are skilled in maximizing your claim's value.

Some personal injury lawsuits are multi-plaintiff that include class actions or mass torts. These plaintiffs could be companies, such as an insurance company or a pharmaceutical firm, or they could be individuals like you. In these instances, multiple parties could be held accountable depending on the evidence offered by each plaintiff as well as the results of an investigation. If you've been injured due to someone else's negligence or wrongdoing get in touch with us immediately to discuss your case.