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What Is Injury Law?

Injury law firms law focuses on civil wrongs that can cause harm to your body, the mind and your emotions. The goal of a successful lawsuit is to get money for damages such as medical bills and pain and discomfort.

It's difficult to avoid injuries such as this, however it is important to ensure you are protected as much as possible. For example, if you are going to fall backwards, make sure to turn your head around and protect it by your arms.

Negligence

Someone who suffers injury or other losses due to negligence of another's may file a negligence lawsuit and seek financial compensation. The plaintiff must prove four things to prove their case: breach of duty, breach of duty, causation and damages.

Negligence is defined as the inability to behave with the level of care that reasonable people would be expected to exercise in similar circumstances. For instance, a driver must adhere to traffic laws in order to avoid injuries and accidents to others on the road. A doctor is obliged to give patients the same level of care equivalent to what a similarly trained medical professional would provide in similar circumstances. A lawyer may use expert testimony to prove that the defendant's behavior fell below the standards of industry.

To win a negligence case, the plaintiff has to prove that the breach by the defendant was the main cause of the injury. This is referred to as legal causation. A reputable 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 resulted in an actual loss of money, such as medical bills and lost income. Gross negligence is the most serious form of negligent behavior in that it involves an unintentional disregard for the safety of others. Gross negligence occurs when a nursing facility 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 bar the plaintiff from claiming damages.

Statute of Limitations

The statute of limitations is the period of time that you must submit a claim when someone is negligent or careless of your safety causes you harm. This limit, set by the legislature of the state, is designed to encourage timeliness in filing and to prevent unreasonable delay.

The time frame for filing a claim differs between states and also from type of injury to type of injury. 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 doesn't begin until your injury is discovered or should reasonably have been discovered.

In certain cases, such as those involving intentional torts, such as false imprisonment and assaults as well as defamation and intentional infliction emotional distress, the limitations period can be extended. The statute of limitations may also be waived or tolled in specific cases, such as when a minor is involved or someone is serving in the military or incarcerated.

If you decide to file a lawsuit after the statute of limitation has been reached, your case may be dismissed without hearing. This is why it is important to speak with an experienced injury attorney well before the time when the statute of limitations runs out.

Damages

Many of the expenses related to an injury have a price. Special damages include medical expenses cost-out-of-pocket, lost wages and the cost of repairing or replacing your property, among other fixed amounts. The law limits the amount you can recover in special damages.

Other losses don't come with a price tag and can be difficult to quantify like the pain and suffering, loss of enjoyment of life and other tangible damages. The process of putting a dollar value on the subjective loss of emotional distress or physical pain can be a challenge however, attorneys and insurance companies utilize formulas to try to quantify them.

For instance, a plaintiff in a personal injury case for whiplash could have sustained serious injuries that have caused a lot of pain and difficulty to their day-to-day life. They may need help with chores around the house, eat differently and miss out on recreational activities or a social gathering with their family. The victim may suffer an absence of enjoyment, and this is recoverable as general damages.

To determine the value of general damages claims lawyers and insurance companies typically begin by calculating the sum for medical special damages and add on the value of any income loss. They will then multiply that number by a number that ranges from 1.5 to 5. The more severe injuries usually result in greater multipliers.

Liability

In law, the word "liability" is a term used to describe a person who is found to be liable for harm or injury attorneys. It could be due to strict liability or negligence. Most lawsuits involving injuries are based on the notion of negligence. Negligence is the act of not acting with a reasonable amount of diligence in the circumstances. The jury considers what reasonable people in similar circumstances would have done and then decides if the defendant's actions or omissions violated the law. Some cases involving injuries are solely based on strict liability. For example, when a defective product is the cause of injury.

Victims may also be entitled to compensation in addition to economic damages in the event of non-economic damages such as pain and discomfort. It's difficult to quantify these damages however, our injury lawyers are adept at maximizing your claim's value.

Certain personal injury lawsuit lawsuits involve multi-plaintiffs, such as class actions or mass torts. The plaintiffs may be companies such as insurance companies or a pharmaceutical company or they could be individuals such as you. In these kinds of situations, multiple parties can be held liable depending on the evidence presented by each plaintiff and the outcome of a thorough investigation. If you've been hurt by someone else's negligence, or wrongdoing and you are injured, call us immediately to discuss your case.