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What Is Injury Law?

The law of injury is focused on civil infringements that could cause damage to your body, the mind and your emotions. The aim of a successful lawsuit is to obtain compensation for damages, such as medical bills, pain and discomfort.

It's hard to avoid injuries, but you should take every precaution to protect yourself. For instance, if you are going to fall backwards, try to turn your head around and protect it by using your arms.

Negligence

Someone who suffers injury or other losses due to the negligence of another can file a negligence suit and pursue financial compensation. However, the claimant must first prove four elements to prove their case: breach of duty, breach causation, damages and breach of duty.

Negligence is defined as a person's failure to act with the level of care that a reasonably prudent person would be expected to exercise in similar circumstances. A driver, for example must follow traffic laws to prevent injuries or accidents to other road users. A doctor must treat patients in the same manner that a medical professional who has the same training would under similar circumstances. A lawyer may also rely on expert testimony to prove that the defendant's conduct fell in line with industry standards.

To be successful in a negligence claim, the plaintiff must demonstrate that the defendant's failure to perform their duty was the direct cause of their injury. 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 must demonstrate that their injuries have resulted in a verifiable financial loss, such as medical bills and lost income. Gross negligence is a more serious form of negligent behavior, as it involves reckless disregard for the safety of others. A nursing home that does not change a patient's bandages for a period of time is an example of gross negligence. In certain states, defendants can rely on a defense called contributory negligence to stop the plaintiff from claiming damages.

Statute of limitations

The statute of limitations is the time period in which you are required to file a claim if someone else's negligence or reckless disregard of your safety results in harm. This limit, set by the legislature of the state, is intended to encourage timeliness in filing and to prevent unreasonable delay.

The time limit for filing a claim varies from one state to another and also depending on the type of injury law firm and type of injury. For instance when it comes to Pennsylvania personal injury cases, such as car accidents, you generally have two years from the date of the accident to submit an action. However, certain claims could be subject to what's known as the discovery rule, which means that the statute of limitations does not begin until your injury is discovered or should reasonably have been discovered.

In some instances, like cases involving intentional torts such as assaults and false imprisonment and defamation and the intentional infliction of emotional distress, the limitations period can be extended. It is also possible for a statute of limitation to be waived or tolled, such as in the case of minors or a person who is incarcerated or on military duty.

If you try to file a lawsuit after the statute of limitations has expired your case could be dismissed without being heard. Therefore, it is important to talk to an experienced injury lawyer prior to when the statute of limitations expires.

Damages

Many of the expenses that result from an injury come with an associated cost. Special damages include medical costs, out-of-pocket expenses, lost wages and the cost of fixing or replacing your property, in addition to 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 calculate such as the suffering and pain, the loss of enjoyment from life, and attorneys other intangible damages. Putting a dollar amount on subjective losses like physical or emotional pain can be challenging, but attorneys and insurance companies use formulas to determine the value of the amount.

A plaintiff in a sever whiplash case, for instance might have suffered serious injuries that affect their daily lives. They may have to seek assistance with chores around the home, eat in a different way and not be able to participate in recreational events or gatherings with friends. The victim might experience a loss of enjoyment and can recover this as general damages.

To determine the value of a claim for general damages attorneys and insurance companies usually start with calculating the total for medical special damages and add the value of any income losses. They then multiply that number by a number that ranges from 1.5 to 5. The higher multipliers are generally associated with more serious injuries.

Liability

In law legal terms, liability refers the person who is accountable for an injury or harm. This can be due either to strict liability or negligence. The concept of negligence is the basis of most lawsuits for injuries. Negligence is the inability to act with reasonable care in the circumstances. The jury considers what a reasonable person in similar circumstances would do and decides if the defendant's actions or omissions violated this standard. However, some injury cases are based on strict liability, such as the event that a defective product causes injuries.

In addition to damages for economic losses, victims may be entitled to compensation for damages that are not economic like pain and suffering. It can be difficult to determine the value of these damages however, our injury attorneys have the experience to maximize the value of your claim.

Most personal injury lawsuits pit one plaintiff against multiple defendants, but there are some that are multi-plaintiff cases like class actions and mass torts. One or more of these plaintiffs could be a company such as a pharmaceutical company or an insurance company or it could be another individual like you. In these types of situations, multiple parties can be held liable based on the evidence presented by each plaintiff and on the findings of a thorough investigation. Contact us immediately if have been injured by another's negligence or wrongdoing.