What Is Injury Law?

Injury law deals with civil infringements that can damage your body, mind and emotional. The aim of an injury lawsuit is to obtain the financial compensation you deserve for damages such as medical bills, suffering and pain.

It's not easy to avoid injuries, but you must protect yourself as much possible. If you're about to fall forward, turn your head to protect it and use your arms.

Negligence

A person who suffers injuries or other losses as a result of an act of negligence by another person can file a negligence lawsuit and seek financial compensation. The plaintiff must first prove four things to prove their case: breach of duty, breach, causation and damages.

Negligence is defined as a person's failure to act with the level of care that a reasonably prudent person would have in similar circumstances. For example, a driver should obey traffic laws in order to avoid accidents and injury to other people on the road. A doctor is obliged to provide patients with the care that a similarly qualified medical professional would provide in similar situations. A lawyer may also rely on expert testimony to show that the defendant's behavior was below industry norms.

To prevail in a negligence case the plaintiff must show that the defendant's breach of duty was a direct cause of their injuries. This is referred to as legal causation. A reputable 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 unjustifiable financial loss, for example medical bills and loss of income. A more serious form of negligence is gross negligence. It involves a complete lack of concern for others' safety. A nursing home that isn't able to change a patient's bandages for several days is an instance of gross negligence. In certain states, defendants can rely on a defense called contributory negligence, which can prevent the plaintiff from claiming damages.

Statute of limitations

The statute of limitations is the time period that you have to file a claim if someone is negligent or careless of your safety results in harm. The statute of limitations is established by the state legislature to make sure that lawsuits are filed on time and to avoid unreasonable delays.

The time limit for filing a claim varies from state to state and also from one type of injury to the next. In Pennsylvania, for example car accidents, for instance can take two years to file a personal injury claim. However, certain claims might be subjected to the discovery rule. This means that the statute of limitation doesn't begin until the injury is discovered, or could have been reasonably discovered.

In certain circumstances, such as ones involving intentional crimes such as assaults and false imprisonment, as well as defamation or intentional infliction of emotional distress, the limitation period is longer. It is also possible for a statute of limitation to be waived or tolled, such as in the instance of minors or a person who is incarcerated or serving on military duty.

If you attempt to file a lawsuit after the statute of limitation has expired, your case may be dismissed without hearing. It is therefore important to talk to an experienced attorney for injury before the statute runs out.

Damages

Many of the expenses related to an injury have an associated cost. These are referred to as special damages. They can include medical expenses, out-of-pocket costs, lost wages the cost to repair or replace your property, and other fixed sums. The law does not limit the amount of special damages you can recover.

Other losses do not have an estimated price and injury lawyers can be difficult to calculate like the suffering and pain, the loss of enjoyment in life and other intangible damages. It isn't always easy to put an amount on subjective losses such as physical or emotional pain, but lawyers and insurance companies use formulas to quantify them.

A person who is the plaintiff in a whiplash case, for instance might have suffered serious injuries that impact their daily life. They may have to seek help with chores around their home, eat differently, and avoid recreational events or gatherings with friends. The victim may suffer a loss of enjoyment, which can be recouped as general damages.

To estimate the value for a claim of general damages, attorneys or insurers typically begin by calculating the total of medical special damages. They then add the value of any income loss. They will then multiply that number by a number ranging from 1.5 to 5. The more severe injuries typically result in greater multipliers.

Liability

In law legal terms, liability refers the person found to be responsible for an injury or harm. It could be due to strict liability or negligence. The concept of negligence is the basis of most injury claims. Negligence is the inability to act with reasonable care under the circumstances. The jury considers what reasonable people in similar circumstances would have done and then decides if defendant's actions or omissions violated the law. Certain injury cases are based solely on strict liability. For example, when defective products are the reason for injuries.

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

Some personal injury lawsuits involve multi-plaintiffs that include mass torts or class actions. One or more plaintiffs could be a corporation like a pharmaceutical corporation or an insurance company, or it could be another person like you. In these instances, multiple parties could be held accountable based on the evidence submitted by each plaintiff and results of an investigation. Contact us immediately if you have been injured due to someone else's negligence or wrongdoing.