What Is Injury Law?

The law of injury deals with civil wrongs that could affect your body, mind and even your emotions. The purpose of an injury lawsuit is to collect monetary compensation for damages like medical bills and suffering and pain.

It’s not easy to avoid injuries such as this, however it is important to be as safe as you can. For instance, if you are likely to fall backwards, make sure to turn your head around and protect it by using your arms.

Negligence

A person who has sustained injuries or other losses due to negligence of another can sue for negligence and seek financial compensation. But, the plaintiff must first prove four elements to prove their case: duty, breach of duty, causation and damages.

Negligence is when a person fails to act in a manner that a reasonable person would do in similar circumstances. For example, a motorist must obey traffic laws in order to prevent accidents and harm to others on the road. A doctor has a duty to provide patients with the same care that a similarly qualified medical professional would give in similar situations. Lawyers may also rely on expert testimony to prove that the defendant’s behavior was far from the norms of the industry.

In order to win a negligence case, the plaintiff must prove that the defendant’s negligence was the main cause of the injury. This is referred to 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 has to prove that their injuries caused an identifiable financial loss, like medical bills or loss of income. The most serious type of negligence is gross negligence, which involves an absolute lack of concern for others’ safety. Gross negligence is the case when a nursing home fails to change bandages on the patient for Injury lawyers a number of days. In some states, defendants can use a defense called contributory negligence to stop the plaintiff from claiming damages.

Statute of limitations

When someone else’s negligent actions or careless disregard for your safety leads injury to you or suffer injury, the law allows the victim with a certain amount of time to file a lawsuit, called the statute of limitations. The statute of limitations is established by the state legislature to encourage timely filing and prevent unreasonable delays.

The statute of limitation varies from one state to the next and also depending on the kind of injury. In Pennsylvania for instance, car accidents allow for two years to file a personal injury lawsuit. However, certain claims can be subjected to the discovery rule. This means that the statute of limitation does not start until the injury is discovered, or could have been reasonably discovered.

In other cases, such as those involving intentional torts, including assaults or false imprisonment, defamation and the deliberate infliction of emotional distress, the statute of limitations is longer. A statute of limitations can be waived or tolled in certain situations, injury lawyers for instance when minors are involved, or someone is on military duty or incarcerated.

If you decide to file a suit after the statute of limitations has expired, your case may be dismissed without hearing. Therefore, it is important to consult with an experienced attorney for injury before the statute expires.

Damages

A variety of costs associated with an injury can be attributed to cost. Special damages include medical expenses, out-of-pocket expenses, lost earnings and the cost of repairing or replacing your property, as well as other fixed amounts. The law limits the amount you can recover in special damages.

Other losses are harder to quantify, including pain and suffering, loss in enjoyment of life, and other non-tangible harms. It isn’t always easy to put a value on subjective losses like physical or emotional discomfort however, attorneys and insurance companies employ formulas to quantify these losses.

For instance, a person who is a plaintiff in a personal-injury case for whiplash may have suffered significant injuries that cause a lot of pain and discomfort to their daily lives. They may require help with chores around the home, eat differently, and not be able to participate in recreational activities or socializing with family. The victim may experience a loss of enjoyment and this is a redressable loss as general damages.

To determine the value of a claim for general damages lawyers and insurers usually begin by calculating the amount for medical special damages, and then add on the value of any income losses. They will then multiply that number by a value ranging from 1.5 to 5. More severe injuries usually result in greater multipliers.

Liability

In law legal terms, liability refers the person who is accountable for an injury or harm. It could be due to negligence or strict liability. Most injury claims are based on the concept of negligence. Negligence refers to the failure to act with a reasonable amount of care in the context of the situation. Jurors evaluate what a reasonable person would have done in similar circumstances, and then decide if the defendant’s act or inaction violated the standard. However, certain injury cases are determined by strict liability, such as the case where a defective product causes injuries.

In addition to the damages for economic losses, victims might be entitled to compensation for non-economic damages such as pain and suffering. It’s hard to estimate these damages, but our injury lawyers have the experience to maximize the value of your claim.

Some personal injury lawsuits involve multiple plaintiffs which include class actions or mass torts. The plaintiffs could be corporations such as an insurance company or a pharmaceutical firm, or they could be people like you. In these instances, multiple parties could be held accountable depending on the evidence provided by each plaintiff and results of an investigation. Contact us immediately if have been injured by another’s negligence or wrongdoing.