What Is Injury Law?

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

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

Negligence

A person who has sustained injuries or other losses due to someone else's negligence may bring a lawsuit against the negligent party and seek financial compensation. However, the claimant must first prove four factors to prove their case: duty, breach, causation and damages.

Negligence is the inability to act in the manner that reasonable people would act in similar circumstances. A driver, for instance, should obey traffic laws to avoid accidents or harm to other road users. A doctor is required to treat patients in the same manner that an individual with the same training would under similar circumstances. A lawyer can also use expert testimony to prove that the defendant's behavior was far from the norms of the industry.

To prevail in a negligence case the plaintiff must show that the defendant's breach of duty was a direct cause of their injuries. This is known as legal causation. A good personal injury lawyer will argue that the defendant’s actions were the sole reason for the plaintiff's injuries.

The plaintiff must prove that their injuries have caused an identifiable financial loss, for example medical bills and loss of income. A more serious type negligence is gross negligence. It involves an absolute lack of concern for the safety of others. Gross negligence is the case when a nursing home fails to change bandages on the patient for several days. In some states, defendants can use a defense known as contributory negligence to prevent the plaintiff from claiming damages.

Statute of Limitations

The statute of limitations is the period of time in which you are required to file a claim in the event that someone negligence or reckless disregard of your safety causes harm. This limitation, set by the legislature of the state, is designed to encourage speedy filing and avoid unreasonable delays.

The time frame for filing a claim is different from state to state, and from one type of injury to the next. In Pennsylvania for instance car accidents, you have two years to file a personal injury lawsuit. Nevertheless, certain claims may be subjected to the discovery rule. This means that the statute of limitation doesn't begin until the injury is discovered, or should have been reasonably discovered.

In some cases, like those involving intentional torts such as assaults and false imprisonment and defamation, and intentional infliction of emotional distress, the limitations period is longer. A statute of limitation can be exempted or tolled in some circumstances, for example, when a minor is involved or an individual is serving in the military or in a prison.

If you attempt to make a claim after the time limit has expired your case could be dismissed without hearing. It is therefore essential to speak with an experienced injury lawyer prior to when the statute runs out.

Damages

A lot of the expenses caused by injuries have a price. Special damages include medical expenses out-of-pocket costs, lost wages and the cost of the repair or replacement of your property, among other fixed costs. The law does limit the amount you can recover in special damages.

Other losses are more difficult to quantify, including pain and suffering or loss of enjoyment life, and a variety of other intangible harms. Putting a dollar amount on the subjective loss of emotional distress or physical pain can be a challenge however, attorneys and insurance companies make use of formulas to try to quantify these losses.

A plaintiff in a whiplash case, for instance might have sustained serious injuries that impact their daily life. They may require assistance with chores around the house, eat differently and avoid recreational activities or socializing with family. The victim could experience an absence of pleasure and this is a redressable loss as general damages.

To determine the value of general damages claims attorneys and insurance companies usually begin by calculating the total for medical special damages and then add on the value of any income loss. They will then multiply this number by a number ranging from 1.5 to 5. More powerful multipliers are typically associated with more severe injuries.

Liability

In law, the term liability refers to a person who is held accountable for an injury or damage. This can be due either to negligence or Injury Lawsuits strict liability. Negligence is the basis for most lawsuits for injuries. Negligence is the inability to act with reasonable care under the circumstances. The jury determines what an average person in similar circumstances would do and then decides if defendant's actions or omissions violated the law. Some injury cases are solely based on strict liability. For instance, when a defective product is the cause of injury.

In addition to damages for economic losses, victims could be entitled to compensation for non-economic damages like pain and suffering. The amount of these damages can be difficult to quantify but our expert injury lawyers are adept in maximizing the value your claim.

Most personal injury lawsuits involve one plaintiff versus several defendants however, there are some multi-plaintiff suits like class actions or mass torts. The plaintiffs may be companies such as an insurance company or a pharmaceutical company, or they could be individuals just like you. In these kinds of cases, a variety of parties can be held accountable based on the evidence presented by each plaintiff as well as the results of a thorough investigation. If you've suffered injuries due to someone else's negligence or wrongdoing, contact us right away to discuss your case.