What Is Injury Law?

Lawsuits involving injury focus on civil violations that could cause damage to your body, mind and Injury Lawsuit emotions. The purpose of an injury lawsuit is to secure the financial compensation you deserve for damages such as medical bills, pain and suffering.

It's hard to avoid injuries, but it's important to ensure that you are protected as much as is possible. If you're about to fall forward, tilt your head to protect it, and use your arms to help.

Negligence

Anyone who suffers injuries or other losses as a result of negligence of another's may file a lawsuit for negligence and pursue financial compensation. To prove their case, the plaintiff must establish four elements including breach of duty, causation, and damages.

Negligence is when a person fails to act in a manner that reasonable people would do under similar circumstances. For example, a driver should obey traffic laws to avoid injuries and accidents to others on the road. A doctor must treat patients in the same manner that an individual with similar training would do under similar circumstances. Lawyers can also use expert testimony to prove that the defendant's conduct fell far from the norms of the industry.

To prevail in a negligence lawsuit the plaintiff must prove that the breach of the defendant was the direct cause of the injury. This is called legal causation. A competent personal injury lawyer will claim that the actions of the defendant could be the sole reason for their injuries.

The plaintiff must prove that their injuries led to verifiable monetary loss, such as lost income and medical bills. A more serious form of negligence is gross negligence, which entails the complete lack of concern for others' safety. Gross negligence is when a nursing facility fails to change bandages on the patient for a number of days. In some states, defendants can use a defense referred to as contributory negligence to stop the plaintiff from claiming damage.

Statute of Limitations

The statute of limitations is the time limit which you must submit a claim when someone else's negligence or reckless disregard of your safety causes harm. The statute of limitations, as set by the legislature of the state, is designed to encourage timeliness in filing and avoid unreasonable delays.

The time frame for filing a claim differs between states and also depending on the type of injury. In Pennsylvania, for example car accidents allow for two years to file a personal injury lawsuit. Nevertheless, certain claims may be subject to the discovery rule. This means that the statute of limitations does not start until the injury is discovered or could have been reasonably discovered.

In other situations, such as those involving intentional torts, including assaults, false imprisonment, defamation, and intentional infliction of emotional distress the statute of limitation is longer. The statute of limitations may be exempted or tolled in some circumstances, for example, when a minor is involved, or someone is on military duty or in a prison.

If you attempt to file a suit after the statute of limitations has expired, your case could be dismissed without hearing. This is why it is essential to consult an experienced injury lawyer before the statute of limitations expires.

Damages

Many of the costs associated with an injury have a price. Special damages can include medical expenses, out-of-pocket costs, lost wages and the cost of repair or replacement of your property, among other fixed costs. The law does limit the amount you can recover in special damages.

Other losses don't come with any price and can be difficult to quantify such as suffering and pain, loss of enjoyment of life and other intangible harms. In determining a dollar amount for personal losses such as emotional distress or physical pain can be difficult, but attorneys and insurance companies utilize formulas to determine the value of the amount.

For example, a plaintiff in a personal injury lawsuit for whiplash might have suffered serious injuries that have caused many pains and stress to their daily lives. They might be required to seek help with household chores, eat differently, and not be able to enjoy social or engaging in recreational activities. The victim could experience a loss of enjoyment and this can be recouped as general damages.

To estimate the value of a claim of general damages, lawyers or insurance companies typically begin by calculating total of medical special damages. They then add the value of any income loss. They then multiply this amount by a number between 1.5 and 5. More severe injuries usually result in greater multipliers.

Liability

In law, the term liability refers to the person who is held liable for harm or injury. This can be due either to negligence or strict liability. The concept of negligence is the foundation of the majority of lawsuits involving injuries. Negligence is the inability to act with reasonable care in the circumstances. Jurors consider what an average person would have done in similar circumstances, and then decide if the defendant's actions or inaction was a violation of this standard. Certain injury cases are solely based on strict liability. For instance, when defective products are the cause of injury.

In addition to the damages for economic losses, victims could be entitled to compensation for other damages such as pain and suffering. The amount of these damages can be difficult to determine however, our skilled injury lawyers are skilled at maximizing the value of your claim.

Certain personal injury lawsuits are multi-plaintiff cases which include mass torts or class actions. One or more plaintiffs could be an entity such as a pharmaceutical firm or an insurance company or it could be an person like you. In these cases, several parties may be held responsible depending on the evidence provided by each plaintiff and results of an investigation. If you've suffered injuries due to someone else's negligence or wrongdoing and you are injured, call us immediately to discuss your case.