What Is Injury Law?

Lawsuits involving injury are concerned with civil wrongs that could damage your body, mind and even your emotions. The aim of a successful lawsuit is to obtain compensation for damages, lawsuits such as medical bills and pain and discomfort.

It is difficult to avoid injuries, but it's important to ensure that you are protected as much as is possible. For instance, if will fall backwards, try to rotate your head and block it by your arms.

Negligence

Someone who suffers injury or other losses as a result of negligence of another's can file a negligence lawsuit and pursue financial compensation. But, the plaintiff must prove four things to establish their case: duty, breach causation, damages and breach of duty.

Negligence is when a person fails to act in a manner that a reasonable person would do in similar circumstances. For example, a driver must adhere to traffic laws to avoid accidents and cause harm to others on the road. A doctor is obliged to give patients the same level of care that a similarly qualified medical professional would offer in similar situations. Lawyers can use expert testimony to prove that the defendant's behavior fell below the standards of industry.

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 lawsuit. This is referred to as legal causation, and a competent personal injury law firms lawyer will argue that the actions of the defendant were the sole possible cause of their injuries.

The plaintiff must prove that their injuries resulted in an actual loss of money including medical bills and lost income. A more serious form of negligence is gross negligence, which is an absolute lack of concern for the safety of others. Gross negligence occurs the case when a nursing home fails to change bandages on patients for a period of time. In certain states, defendants may use a defense called contributory negligence to bar the plaintiff from claiming damages.

Statute of Limitations

The statute of limitations is the time limit in which you are required to make a claim if negligence or reckless disregard of your safety causes harm. This limitation, set by the state legislature, is meant to encourage speedy filing and prevent excessive delay.

The time frame for filing a claim is different from state to state and also depending on the type of injury to the next. In Pennsylvania, for example, car accidents can take two years to file a personal injury claim. However, certain claims could be subject to what is known as the discovery rule, meaning that the statute of limitations will not start until the injury is discovered or should reasonably have been discovered.

In certain circumstances, such as those involving intentional torts such as assaults and false imprisonment and defamation and intentional infliction emotional distress, the limitation period is longer. A statute of limitations can be extended or waived in certain cases, such as when minors are involved, or a person is serving in the military or in prison.

If you try to file a lawsuit after the statute of limitations has expired your case could be dismissed without hearing. This is why it's crucial to consult an experienced injury lawyer before the time when the statute of limitations expires.

Damages

Many of the costs related to an injury have costs. Special damages include medical expenses out-of-pocket expenses, lost wages and the cost of repair or replacement of your property, in addition to other fixed sums. The law does limit the amount you can claim in special damages.

Other losses don't have an estimated price and can be difficult to calculate like suffering and pain, loss of enjoyment in life and other intangible damages. It isn't always easy to put a dollar value for subjective losses like physical or emotional discomfort but lawyers and insurance companies make use of formulas to quantify them.

A person who is the plaintiff in a whiplash case, for example might have sustained serious injuries that affect their daily life. They may need help with chores around their home, eat differently, and miss out on recreational activities or socializing with family. The victim may experience a loss in enjoyment, which could be compensated as general damages.

To determine the value of general damages claims, lawyers and insurers typically start with calculating the total for medical special damages and then add the value of any income losses. They then multiply this by a figure between 1.5 and 5. More severe injuries generally result in higher multipliers.

Liability

In law legal terms, liability refers the party found responsible for harm or injury. This could be due to negligence or strict liability. Negligence is the foundation of the majority of lawsuits for injuries. Negligence is the failure to act with reasonable care under the circumstances. The jury determines what reasonable people in similar circumstances would do and then decides if the defendant's actions or inactions violated the law. However, some cases are based on strict liability, such as the event that a defective product causes injuries.

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

Most personal injury lawsuits are brought by one plaintiff against a number of defendants, however there are also multi-plaintiff lawsuits like class actions and mass torts. One or more of these plaintiffs could be a corporate entity such as a pharmaceutical company or an insurance company or it could be an person who is similar to you. In these situations, multiple parties can be held accountable based on the evidence provided by each plaintiff and the results of a thorough investigation. Contact us immediately if you have been injured due to someone else's negligence or wrongdoing.