What Is Injury Law?

The law of injury is focused on civil violations that could cause harm to your body, mind and emotions. The aim of a successful lawsuit is to recover money for damages such as medical bills, discomfort and pain.

It's not easy to avoid injuries like this, but it's crucial to be as safe as possible. For instance, if you will fall backwards, try to turn your head and shield it by your arms.

Negligence

A person who has suffered injuries or other damages as a result of another's negligence can sue for negligence and seek financial compensation. But, the plaintiff must first prove four factors to establish their claim: breach of duty, breach causation, damages and breach of duty.

Negligence is the inability to behave in a manner that a reasonable person would do under similar circumstances. A driver, for instance should follow traffic laws to avoid injuries or accidents to other road users. A doctor is obliged to give patients the same level of care that a similarly qualified medical professional would give in similar circumstances. Lawyers may also rely on expert testimony to prove 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 defendant's negligence was the sole cause of the injury. This is known as legal causation. A skilled personal injury lawyer will claim that the actions of the defendant could be the sole cause of their injuries.

The plaintiff must prove that their injuries led to tangible financial loss like lost income and medical bills. Gross negligence is the most serious type of negligence in that it involves reckless disregard for the safety of others. A nursing home that isn't able to change a patient's bandages for several days is an example of gross negligence. In certain states, defendants are able to use a defense known as contributory negligence to prevent the plaintiff from claiming damages.

Statute of Limitations

If someone else's negligence or reckless disregard for your safety leads injuries to you or suffer injury attorneys, the law allows a limited amount of time to make a claim, also known as the statute of limitations. This limitation, set by the legislature of the state, is intended to encourage speedy filing and prevent excessive delay.

The time period for filing a claim differs from states to states and depending on the type of injury to the next. In Pennsylvania for instance, car accidents, you have two years to file a personal injury claim. However, certain claims could be subject to what's called the discovery rule. This means that the statute of limitations does not begin until your injury is discovered or should reasonably have been discovered.

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

If you try to make a claim after the time limit has expired your case will be dismissed without being heard. This is why it's important to speak with an experienced injury attorney well before the statute of limitations expires.

Damages

Many expenses associated with injuries come with a price tag. These are known as special damages and can include medical expenses, out-of-pocket expenses, lost wages, the cost of repairing or replace your property and other fixed costs. The law does not restrict the amount of special damages that you can seek.

Other losses do not have an estimated price and can be difficult to quantify for example, the pain and suffering, loss of enjoyment in life and other intangible damages. It isn't easy to assign an exact value on subjective losses such as emotional distress or physical discomfort but lawyers and insurance companies make use of formulas to quantify the amount of these losses.

A person who is the plaintiff in a whiplash case, for instance might have sustained serious injuries that impact their daily lives. They may have to seek assistance with chores around the home, eat differently, and miss out on recreational activities or spending time with family. The victim could experience a loss of enjoyment and this is a redressable loss as general damages.

To estimate the value of a claim of general damages, attorneys or insurers typically begin by calculating total of medical special damages. They then add the value of any income loss. They will then multiply this amount by a range of numbers ranging from 1.5 to 5. Higher multipliers are usually associated with more severe injuries.

Liability

In law, the term "liability" refers to a party who is found to be liable for injury or harm. This could be due to negligence or strict liability. Most claims for injuries are based upon the notion of negligence. Negligence is the failure to exercise with reasonable care in the circumstances. Jurors decide what a reasonable person would have done in similar circumstances, and then decide if the defendant's act or inaction violated this standard. However, certain injury cases are built on strict liability, such as when a defective product causes injuries.

Victims may also be entitled to compensation in addition to damages for economic loss as well as non-economic losses like discomfort and pain. It's difficult to quantify these damages however, our injury lawyers are skilled in maximizing the value of your claim.

Most personal injury lawsuits are brought by one plaintiff versus several defendants but some are multi-plaintiff suits like class actions and mass torts. The plaintiffs may be companies, such as an insurance company or pharmaceutical company or they could be individuals like you. In these instances, injury Lawsuits multiple parties may be held responsible based on the evidence submitted by each plaintiff and results of an investigation. If you've been hurt by someone else's negligence, or wrongdoing get in touch with us immediately to discuss your case.