What Is Injury Law?

Injury law deals with civil wrongs that could cause harm to your body, mind and emotions. The purpose of an injury lawsuit is to obtain the financial compensation you deserve for attorneys damages such as medical bills and pain and suffering.

It's hard to avoid injuries, but you should protect yourself as much possible. If you're about to fall forward, tilt your head to shield it and use your arms.

Negligence

Someone who has suffered injuries or other damages as a result of someone else's negligence may bring a lawsuit against the negligent party and seek financial compensation. But, the plaintiff must first prove four elements to prove their case: duty, breach, causation and damages.

Negligence is the failure to act in the manner that reasonable people would act under similar circumstances. For example, a motorist must obey traffic laws in order to avoid accidents and injury to others on the road. A doctor is required to treat patients in the same manner that an individual with similar training would do in similar circumstances. Lawyers can make use of expert testimony to prove that the defendant's conduct was below industry standards.

To be successful in a negligence claim, the plaintiff has to prove that the defendant's breach of duty was the 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 be the sole cause of their injuries.

The plaintiff has to prove that their injuries have caused an unjustifiable financial loss, for example medical bills or loss of income. A more serious type of negligence is gross negligence, which entails an absolute lack of concern for the safety of others. Gross negligence is the case when a nursing home is not able to change bandages for patients for a period of time. In some states, defendants are able to use a defense called contributory negligence to stop the plaintiff from claiming damages.

Statute of Limitations

If someone else's negligence or reckless disregard for your safety leads you to suffer injury, the law provides a limited period of time to make a claim, also known as the statute of limitations. This limit, set by the state legislature, is meant to encourage prompt filing and to prevent unreasonable delay.

The statute of limitations varies from states to states and depending on the type of injury to the next. In Pennsylvania for instance car accidents allow for two years to file a personal injury claim. However, some claims may be subject to what's known as the discovery rule, meaning that the statute of limitations does not start until the injury is discovered or should have been discovered.

In other circumstances that involve intentional torts, such as assaults, false imprisonment, defamation, and deliberate infliction or damage to emotional distress, the statute of limitations is extended. A statute of limitation can also be waived or tolled in specific cases, such as when a minor is involved, or a person is on military duty or in prison.

If you decide to bring a lawsuit after the statute of limitations has expired your case will be dismissed without hearing. It is therefore essential to consult a seasoned attorney for injury before the statute runs out.

Damages

Many of the costs associated with injuries come with the price tag. Special damages include medical expenses cost-out-of-pocket, lost wages and the cost of repair or replacement of your property, in addition to other fixed amounts. The law does not restrict the amount of special damages you can recover.

Other losses are hard to quantify, for instance pain and suffering as well as loss of enjoyment life, as well as other intangible harms. It is difficult to determine a dollar value for personal losses such as emotional distress or physical discomfort can be difficult, but attorneys and insurance companies use formulas to measure the amount.

A plaintiff in a sever whiplash case, for instance, may have suffered serious injuries that affect their daily lives. They might have to seek help with household chores, eat differently and not be able to enjoy social or engaging in recreational activities. The victim might experience an absence of enjoyment, and this is a redressable loss as general damages.

To determine the value of a claim for general damages attorneys and insurance companies usually begin by calculating the total for medical special damages and then add on the value of any income losses. They will then multiply this figure by a range of numbers ranging from 1.5 to 5. The more severe injuries typically result in higher multipliers.

Liability

In law liability refers to the party found responsible for an injury or harm. This can be due to strict liability or negligence. The concept of negligence is the basis of most lawsuits for injuries. Negligence refers to the failure to act with a reasonable level of care in the particular circumstances. The jury decides what a reasonable person in similar circumstances would have done and then decides if the defendant's actions or inactions violated the law. Some cases involving injuries are based solely on strict liability. For instance, if a defective product is the cause of injuries.

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

Certain personal injury lawsuits are multi-plaintiff like class actions or mass torts. One or more plaintiffs could be a corporate entity like a pharmaceutical corporation or an insurance company or it could be another person who is similar to you. In these instances, multiple parties could be held accountable depending on the evidence provided by each plaintiff and the findings of an investigation. Contact us immediately if have been injured due to someone else's negligence or wrongdoing.