What Is Injury Law?

Lawsuits involving injury are concerned with civil violations that can harm your mind, body as well as your feelings. The goal of a successful lawsuit is to obtain the amount of money you paid for damages like medical bills and pain and discomfort.

It's hard to avoid injuries, but you need to take every precaution to protect yourself. For example, if you are going to fall backwards, try to turn your head around and protect it with your arms.

Negligence

Someone who suffers injury law firm or other losses as a result of an act of negligence by another person may file a negligence lawsuit and pursue financial compensation. But, the plaintiff must prove four things to prove their claim: breach of duty, breach causation, damages and breach of duty.

Negligence is defined as a person's inability to exercise the level of care that reasonable people would have in similar situations. For instance, a driver must follow traffic laws to avoid injuries or accidents to other road users. A doctor has a duty to provide patients with the care that a similarly qualified medical professional would provide in similar circumstances. Lawyers may also rely on expert testimony to demonstrate that the defendant's conduct fell far from the norms of the industry.

To prevail in a negligence lawsuit, the plaintiff must prove that the breach by the defendant was the sole cause of the injury. This is known as legal causation. A good personal injury lawyer will argue that the defendant’s actions were the sole cause of the plaintiff's injuries.

The plaintiff must prove that their injuries have caused a verifiable financial loss, for example medical bills or loss of income. The most serious type of negligence is gross negligence, which is the complete lack of concern for others' safety. A nursing home that fails to change the patient's bandages after a few days is an instance of gross negligence. In certain states, defendants can rely on a defense known as contributory negligence to stop the plaintiff from seeking damages.

Statute of limitations

If the negligent actions of another or reckless disregard for your safety causes you to be injured or injury lawsuits suffer injury, the law allows a limited amount of time to file a lawsuit, called the statute of limitations. This time limit, set by the legislature of the state, is designed to encourage speedy filing and prevent unreasonable delay.

The statute of limitations varies from state to state, and from one type of injury to the next. For instance when it comes to Pennsylvania personal injuries, such as car accidents, you typically have two years from the date of your accident to submit an action. However, certain claims can be subject to the discovery rule. This means that the statute of limitations doesn't begin until the injury is discovered or at least, should have been discovered.

In other circumstances that involve intentional torts, like assaults or false imprisonment, defamation and intentional infliction of emotional distress the statute of limitation is extended. A statute of limitations could also be waived or tolled in certain situations, for instance when a minor is involved, or someone is on military duty or in jail.

If you attempt to bring a lawsuit after the deadline for filing a lawsuit has passed the case will be dismissed without being heard. This is why it is essential to consult an experienced injury lawyer before the time when the statute of limitations runs out.

Damages

Many costs related to injuries come with the price tag. Special damages include medical expenses out-of-pocket costs, lost wages and the cost of repairing or replacing your property, among other fixed sums. The law does limit the amount you can recover from special damages.

Other losses don't come with an associated price and may be difficult to calculate like the pain and suffering, loss of enjoyment of life and other intangible harms. In determining a dollar amount for subjective losses like physical or emotional pain can be challenging but lawyers and insurance companies use formulas to try to quantify these losses.

A person who is the plaintiff in a whiplash case, for example could have suffered severe injuries that impact their daily lives. They may need assistance with chores around the house, eat differently and not be able to participate in recreational activities or spending time with family. The victim might experience an impairment in enjoyment and this is recoverable as general damages.

To estimate the value of general damages claims, lawyers and insurers typically start with calculating the total for medical special damages and add on the value of any income losses. They then multiply this amount by a number between 1.5 and 5. Higher multipliers are often associated with more serious injuries.

Liability

In law it is a matter of liability. It refers to the person who is accountable for harm or injury lawsuits injury. This can be due to negligence or strict liability. The concept of negligence is the basis for most injury claims. Negligence is the act of not acting with a reasonable level of care in the context of the situation. The jury considers what an average person in similar circumstances would have done and decides if the defendant's actions and inactions violated this standard. However, some cases are determined by strict liability, such as when a defective product causes injuries.

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 hard to estimate these damages however, our injury attorneys are adept at maximizing the value of your claim.

The majority of personal injury lawsuits involve one plaintiff against a number of defendants, but there are some that are multi-plaintiff cases such as class actions and mass torts. These plaintiffs could be corporations such as insurance companies or pharmaceutical company or they could be individuals like you. In these cases, multiple parties may be held responsible depending on the evidence provided by each plaintiff and results of an investigation. If you've suffered injuries due to someone else's negligence or wrongdoing get in touch with us immediately to discuss your case.