What Is Injury Law?
Injury law deals with civil wrongs which can cause harm to your body, mind and emotions. The aim of a successful lawsuit is to get money for damages such as medical bills, discomfort and pain.
It’s not easy to avoid injuries like this, however it is important to protect yourself as much as you can. For example, if you are likely to fall backwards, you should turn your head and shield it with your arms.
Negligence
Someone who suffers injury or other losses as a result of another’s negligent actions can file a negligence suit and seek financial compensation. However, the plaintiff must first prove four factors to prove their claim: breach of duty, causation and damages.
Negligence refers to the failure to act in a way that reasonable people would do under similar circumstances. A driver, for instance must obey traffic laws to avoid injuries or accidents to other road users. A doctor is required to treat patients in the same way that an individual with the same training would in similar circumstances. Lawyers can utilize expert testimony to prove that the defendant’s conduct was short of the industry standards.
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 called legal causation, and a skilled personal injury law firm lawyer will argue that the defendant’s actions could be the sole reason for their injuries.
The plaintiff must prove that their injuries caused an unjustifiable financial loss, such as medical bills and loss of income. A more serious form of negligence is gross negligence, which involves a complete lack of concern for the safety of others. Gross negligence is when a nursing home is not able to change bandages for a patient for several days. In certain states, defendants are able to use a defense called contributory negligence to stop the plaintiff from claiming damage.
Statute of limitations
The statute of limitations is the amount of time which you must submit a claim when someone else’s negligence or reckless disregard of your safety causes harm. This limit is established by the state legislature to encourage timely filing and prevent unreasonable delays.
The time limit for filing a claim varies between states and also depending on the kind of injury. For instance, in Pennsylvania personal injuries such as car accidents, you generally have two years from the date of your accident to file claims. Nevertheless, certain claims may be subjected to the discovery rule. This means that the statute of limitations does not begin until the injury is discovered, or at least, should have been discovered.
In other cases that involve intentional torts, such as assaults, false imprisonment, defamation and the deliberate infliction of emotional distress the statute of limitation is longer. It is also possible for a statute of limitations to be tolled or waived, like in the case of an individual who is a minor or who is in prison or on military duty.
If you attempt to start a lawsuit after the statute of limitations has expired your case could be dismissed without hearing. It is therefore important to talk to an experienced injury lawyer prior to when the statute runs out.
Damages
Many costs related to injuries come with cost. Special damages can include medical expenses, cost-out-of-pocket, lost wages and the cost of the repair or replacement of your property, in addition to fixed amounts. The law does not limit the amount of these damages that you can seek.
Other losses don’t come with an associated price and may be difficult to calculate for example, the pain and suffering, loss of enjoyment in life and other tangible damages. Putting a dollar amount on personal losses such as physical or emotional pain can be a challenge however, attorneys and Injury Lawsuit insurance companies employ formulas to measure them.
For instance, a person who is a plaintiff in a personal injury lawsuit for whiplash could have sustained serious injuries that have caused a lot of pain and a lot of difficulty in their day-to-day life. They might have to seek help with household chores, have a different diet, and avoid socializing or recreational activities. The victim could suffer a loss in enjoyment, which could be compensated as general damages.
To estimate the value of general damages claims attorneys and insurance companies usually start with calculating the total for medical special damages and then add on the value of any income losses. They will then multiply this number by a value ranging from 1.5 to 5. The higher multipliers are generally associated with more serious injuries.
Liability
In law, the term “liability” refers to the person who is held accountable for harm or injury. This could be due to negligence or strict liability. Negligence is the basis for most lawsuits for injuries. Negligence is the failure to exercise with reasonable care under the circumstances. The jury considers what an average person in similar circumstances would do and decides if the defendant’s actions or inactions were in violation of the law. However, some cases are founded on strict liability, like when a defective product causes injuries.
In addition to the damages for economic losses, victims could be entitled to compensation for damages that are not economic such as pain and suffering. The amount of these damages is hard to quantify however, our skilled injury lawyers are adept in maximizing the value of your claim.
Some personal injury lawsuits are multi-plaintiff cases, such as mass torts or class actions. One or more of these plaintiffs could be an entity like a pharmaceutical company or an insurance company, or it could be another individual like you. In these cases, several parties may be held responsible depending on the evidence offered by each plaintiff and the findings of an investigation. Contact us immediately if you have been injured by another’s negligence or wrongdoing.