What Is Injury Law?

The law of injury deals with civil wrongs that could cause harm to your body, mind as well as your feelings. The aim of a successful lawsuit is to recover the amount of money you paid for damages like medical bills and pain and discomfort.

It's not easy to avoid injuries such as this, but it's essential to ensure you are protected as much as possible. If you're about to fall forward, tilt your head to shield it, and use your arms to help.

Negligence

Anyone who has suffered injuries or other injuries as a result negligence of another can file a lawsuit for negligence and seek financial compensation. To establish their case, the claimant will need to prove four things such as breach of duty, causation, and damages.

Negligence is defined as the failure to act with the level of care that a reasonably prudent person would have in similar situations. A driver, for instance must follow traffic laws to prevent injuries or accidents to other road users. A doctor must treat patients in the same way that an individual with similar training would under similar circumstances. Lawyers can use expert testimony to prove that the defendant's behavior fell below industry standards.

To prevail in a negligence case the plaintiff must prove that the defendant's failure to perform their duty was a direct cause of their injury. This is called legal causation, and a competent personal injury lawyer will argue that the actions of the defendant could have been the sole reason for their injuries.

The plaintiff has to prove that their injuries have resulted in an identifiable financial loss, for example medical bills and loss of income. Gross negligence is a more serious type of negligence since it is total disregard for the safety of others. Gross negligence occurs when a nursing facility does not change bandages on patients for a period of time. In certain states, defendants are able to use a defense called contributory negligence, which can prevent the plaintiff from seeking damages.

Statute of Limitations

If the negligence of someone else or reckless disregard for your safety causes you to suffer injury and suffer injuries, the law gives you a limited amount of time to file a lawsuit, called the statute of limitations. The statute of limitations is determined by the legislature of the state to ensure timely filing and avoid unreasonable delays.

The statute of limitations varies from states to states and for different types of injuries to the next. In Pennsylvania for instance, car accidents, you have two years to file a personal injury lawyers lawsuit. However, some claims may be subject to what's called the discovery rule. This means that the statute of limitations will not start until your injury is discovered or should have been discovered.

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

If you try to file a suit after the statute of limitation has expired, your case may be dismissed without hearing. This is why it's essential to consult an experienced injury attorney well before the statute of limitations expires.

Damages

Many expenses associated with an injury come with the price tag. Special damages include medical expenses, out-of-pocket expenses, lost earnings and the cost of fixing or replacing your property, as well as other fixed costs. The law does not limit the amount of special damages you can recover.

Other losses are difficult to quantify, for instance pain and suffering or loss of enjoyment life, and other non-tangible harms. It isn't easy to assign an exact value on subjective losses, such as emotional distress or physical discomfort however attorneys and insurance companies employ formulas to quantify these losses.

A plaintiff in a sever whiplash case, for instance might have sustained serious injuries that impact their daily life. They may require assistance with chores around the home, eat differently, and may miss out on leisure activities or spending time with family. The victim may suffer a loss in enjoyment, which can be recovered as general damages.

To estimate the amount of a claim of general damages, lawyers or insurance companies typically begin by calculating the total of medical special damages. They then add the value of any income loss. They then multiply this amount by a number that ranges from 1.5 to 5. More severe injuries generally result in higher multipliers.

Liability

In law, the word "liability" refers to a party who is found to be liable for an injury or harm. This can be due to strict liability or negligence. Negligence is the basis for most lawsuits involving injuries. Negligence involves failing to act in a reasonable manner and with care in the context of the situation. The jury determines what an ordinary person in similar circumstances would do and injury attorneys then decides if the defendant's actions or omissions violated the law. Some cases involving injuries are based solely on strict liability. For instance, when an unsafe product is the cause of injuries.

In addition to damages for economic losses, victims could be entitled to compensation for non-economic losses like pain and suffering. It's hard to estimate these damages however, our injury attorneys have the experience to maximize the value of your claim.

Certain personal injury lawsuits are multi-plaintiff cases that include class actions or mass torts. The plaintiffs could be corporations, such as an insurance company or a pharmaceutical company or they could be individuals just like you. In these instances, multiple parties could be held accountable depending on the evidence offered by each plaintiff and the results of an investigation. Contact us immediately if you were injured by someone else's negligence or wrongdoing.