What Is Injury Law?

Lawsuits involving injury are concerned with civil wrongs which can cause harm to your body, mind and emotions. The goal of a successful injury lawsuit is to obtain the financial compensation you deserve for damages such as medical bills, suffering and pain.

It's hard to avoid injuries like this, but it's important to protect yourself as much as possible. If you're likely to fall forward, turn your head to protect it, and then use your arms.

Negligence

A person who suffers injuries or other losses due to the negligence of another can file a negligence lawsuit and pursue financial compensation. To establish their case, the claimant will need to establish four elements including 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 situations. For instance, a driver must adhere to traffic laws in order to avoid injuries and accidents to other people on the road. A doctor is required to treat patients in the same way that medical professionals with similar training would do in similar circumstances. A lawyer may make use of expert testimony to prove that the defendant's behavior fell in line with industry standards.

In order to win a claim for negligence the plaintiff must show that the defendant's breach of duty was a direct cause of their injuries. This is called legal causation, and a good personal injury attorney will argue that the actions of the defendant were the sole possible cause of their injuries.

The plaintiff must prove that their injuries led to real financial losses like lost income and medical bills. A more serious type negligence is gross negligence, which entails an absolute lack of concern for others' safety. A nursing home that fails to change a patient's bandages for a period of time is an instance of gross negligence. In certain states, defendants can rely on a defense called contributory negligence to prevent the plaintiff from seeking damages.

Statute of Limitations

When someone else's negligent actions or careless disregard for your safety causes injuries to you and suffer injuries, the law gives you a limited period of time to file a lawsuit, called the statute of limitations. The statute of limitations, as set by the legislature of the state, is intended to encourage speedy filing and to prevent unreasonable delay.

The time frame for filing a claim is different from state to state, and for different types of injuries to the next. For instance, in Pennsylvania personal injuries, such as car accidents, you generally have two years from the date of your accident to make claims. However, some claims may be subject to what is called the discovery rule. This means that the statute of limitations does not start until your injury is discovered or should reasonably have been discovered.

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

If you decide to file a lawsuit after the time limit has expired your case could be dismissed without hearing. This is why it's important to speak with an experienced injury lawyer before the statute of limitations expires.

Damages

Many expenses associated with injuries come with cost. These are known as special damages and may include medical expenses, out of pocket costs, lost wages, the cost to repair or replace your property and other fixed sums. The law limits the amount you can recover in special damages.

Other losses don't come with any price and can be difficult to quantify like the pain and suffering, loss of enjoyment from life, and other intangible damages. In determining a dollar amount for personal losses such as physical or emotional pain can be difficult however, attorneys and insurance companies utilize formulas to try to quantify them.

For instance, a person who is a plaintiff in a personal injury case for whiplash might have suffered significant injuries that cause many pains and difficulty to their day-to-day life. They may require help with chores around the house, eat differently and avoid recreational activities or socializing with family. The victim might experience an impairment in enjoyment and this can be recouped as general damages.

To estimate the value of the 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 this figure by a value ranging from 1.5 to 5. More severe injuries generally result in greater multipliers.

Liability

In law liability refers to the person who is responsible for harm or injury. This could be due to negligence or strict liability. Most lawsuits involving injuries are based on the concept of negligence. Negligence refers to the failure to act with a reasonable level of care in the particular circumstances. The jury will determine what a reasonable person in similar circumstances would have done and then decides if defendant's actions or omissions violated this standard. However, some cases are founded on strict liability, like when a defective product results in injuries.

In addition to the damages for economic losses, victims might be entitled to compensation for damages that are not economic such as suffering and pain. The amount of these damages is difficult to place a value on however, our skilled lawyer for injuries are adept in maximizing the value of your claim.

Certain personal injury lawsuits are multi-plaintiff which include class actions or mass torts. One or more of these plaintiffs could be a corporate entity such as a pharmaceutical firm or an insurance company or it could be another person like you. In these kinds of situations, multiple parties can be held responsible based on the evidence provided by each plaintiff and the outcome of a thorough investigation. If you've suffered injuries due to the negligence of someone else or due to a wrongdoing Contact us as soon as possible to discuss your case.