What Is Injury Law?

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

It's difficult to avoid injuries such as this, but it's essential to be as safe as possible. If you're about to fall forward, turn your head to protect it, and use your arms to help.

Negligence

A person who has sustained injuries or other injuries as a result negligence of another can file a lawsuit for negligence and seek financial compensation. However, the claimant must first prove four things to establish their case: duty, breach of duty, causation and damages.

Negligence is defined as the inability to behave with the level of care that a reasonably prudent person would have in similar circumstances. A driver, for example, should obey traffic laws to prevent accidents or harm to other road users. A doctor is required to provide patients with the care similar to that a similarly trained medical professional would provide in similar circumstances. Lawyers can also use expert testimony to show that the defendant's conduct was below industry norms.

In order to win a negligence case the plaintiff must show that the defendant's negligence was the direct cause of the injury. This is known as legal causation, and a skilled personal injury lawyer will claim that the actions of the defendant were the only possible cause of their injuries.

The plaintiff must prove that their injuries caused real financial losses including lost income and medical bills. A more serious type of negligence is gross negligence, which involves a complete lack of concern for the safety of others. Gross negligence occurs when a nursing home does not change the bandages on a patient for several days. In certain states, defendants may be able to use the defense of contributory negligence to prevent the plaintiff from claiming damages.

Statute of Limitations

If someone else's negligence or careless disregard for your safety leads injury to you and suffer injuries, the law gives you an period of time to make a claim, also known as the statute of limitations. This time frame is determined by the legislature of the state 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 for different types of injuries to the next. For instance when it comes to Pennsylvania personal injuries such as car accidents, you generally have two years from the date of the accident to file an action. However, certain claims might be subjected to the discovery rule. This means that the statute of limitation is not set until the injury is discovered, or should have been reasonably discovered.

In other situations which involve intentional torts such as assaults and false imprisonment, defamation and intentional infliction on emotional distress the statute of limitation is extended. A statute of limitations can be waived or tolled in specific cases, lawsuits such as when a minor is involved, or an individual is serving in the military or in a prison.

If you try to file a lawsuit after the statute of limitations has expired, your lawsuit could be dismissed without hearing. This is why it's crucial to consult an experienced injury lawyer before the statute of limitations runs out.

Damages

Many expenses associated with injuries come with costs. These are referred to as special damages and may include medical expenses, out-of-pocket costs, lost wages, the cost of repairing or replace your property, and other fixed costs. The law does not limit the amount of special damages you are able to recover.

Other losses are more difficult to quantify, for instance suffering and pain and loss of enjoyment of life, and other non-tangible harms. It isn't easy to assign an exact value on subjective losses, such as physical or emotional discomfort however, lawyers and insurance companies use formulas to quantify these losses.

For example, a plaintiff in a personal injury case for whiplash could have sustained significant injuries that bring a lot of pain and a lot of difficulty in their day-to-day life. They may require help with chores around the home, eat differently, and not be able to participate in recreational activities or a social gathering with their family. The victim could suffer a loss of enjoyment, which could be compensated as general damages.

To estimate the value of a claim for general damages lawyers and insurers usually begin by calculating the total for medical special damages and then add the value of any income losses. Then, they will multiply this number by a number between 1.5 and 5. More severe injuries generally result in greater multipliers.

Liability

In law, the term "liability refers to a person who is found to be liable for an injury or damage. This could be due to negligence or strict liability. The majority of injury claims are based on the notion of negligence. Negligence is the inability to act with reasonable care in the circumstances. Jurors evaluate what reasonable people would have done in similar circumstances and decide if the defendant's actions or inaction was a violation of this standard. Certain injury cases are based solely on strict liability. For instance, when an unsafe product is the cause of injuries.

In addition to the damages for economic losses, victims may be entitled to compensation for non-economic losses such as suffering and pain. It can be difficult to determine the value of these damages, but our injury lawyers are experienced in maximizing the value of your claim.

The majority of personal injury lawsuits pit one plaintiff against multiple defendants, however, there are some multi-plaintiff suits like class actions or mass torts. These plaintiffs can be corporations such as an insurance company or a pharmaceutical firm, or they could be individuals such as you. In these instances, multiple parties may be held responsible depending on the evidence provided by each plaintiff and the findings of an investigation. If you've been injured due to someone else's negligence or wrongful act and you are injured, call us immediately to discuss your case.