What Is Injury Law?

The law of injury deals with civil wrongs which can affect your body, mind as well as your feelings. The purpose of an injury lawsuit is to obtain monetary compensation for damages like medical bills, suffering and pain.

It's difficult to avoid such injuries, but you need to ensure that you are protected as much as is possible. If you're likely to fall forward, tilt your head to shield it and use your arms.

Negligence

Anyone who suffers injuries or other losses due to another's negligent actions may file a lawsuit for negligence and seek financial compensation. But, the plaintiff must prove four things to establish their claim: breach of duty, breach causation, damages and breach of duty.

Negligence is defined as the inability to act with the same level of care a reasonably prudent person would have in similar circumstances. For example, a motorist must adhere to traffic laws in order to avoid accidents and injury to other people on the road. A doctor is required to treat patients in the same manner that medical professionals with the same training would under similar circumstances. Lawyers can also use experts to prove that the defendant's conduct fell far from the norms of the industry.

To win a negligence claim the plaintiff must prove that the defendant's failure to perform their duty was the direct cause of their injury. This is referred to as legal causation. A good personal injury lawyer will argue that the defendant’s actions were the sole reason for the plaintiff's injuries.

The plaintiff must prove that their injuries led to real financial losses for example, medical bills and lost income. Gross negligence is the most serious form of negligence because it entails an unintentional disregard for the safety of others. Gross negligence is when a nursing facility is not able to change bandages for the patient for several days. In some states, defendants can use a defense known as contributory negligence, which can prevent the plaintiff from seeking damages.

Statute of limitations

If the negligent actions of another or careless disregard for your safety leads you to be injured or suffer injury, the law allows an unspecified period of time to start a lawsuit, which is known as the statute of limitations. This limit is set by the state legislature to make sure that lawsuits are filed on time and to avoid unreasonable delays.

The statute of limitations varies from state to state and for different types of injuries to the next. In Pennsylvania, for example, car accidents, you have two years to file a personal injury lawsuit. However, some claims may be subject to what is 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 other instances which involve intentional torts, such as assaults or defamation, false imprisonment and intentional infliction on emotional distress the statute of limitations is extended. A statute of limitation can be exempted or tolled in some situations, for instance when minors are involved or someone is serving in the military or incarcerated.

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

Damages

Many costs related to an injury are accompanied by the price tag. Special damages include medical costs, out-of-pocket expenses, lost earnings and the cost of the repair or replacement of your property, among other fixed amounts. The law does limit the amount you can claim in special damages.

Other losses are hard to quantify, including pain and suffering as well as loss of enjoyment life, and other intangible harms. It isn't always easy to put a dollar value on subjective losses like emotional distress or physical discomfort however lawyers and insurance companies use formulas to quantify their losses.

For instance, a person who is a plaintiff in a personal injury suit for whiplash could have sustained significant injuries that cause a lot of pain and discomfort to their daily lives. They may have to seek help with household chores, eat differently, and not be able to enjoy social or participating in recreational activities. The victim may experience a loss of enjoyment and this can be recouped as general damages.

To estimate the value of a claim for general damages attorneys and insurance companies usually begin by calculating the total for medical special damages and then add the value of any income losses. Then, they multiply this by a number between 1.5 and 5. Higher multipliers are often associated with more severe injuries.

Liability

In law, the word "liability" refers to the person who is found liable for an injury or damage. It could be due to strict liability or negligence. Negligence is the basis for most lawsuits for injuries. Negligence refers to the failure to act in a reasonable manner and with care in the context of the situation. The jury decides what reasonable people in similar circumstances would have done and then decides if the defendant's actions or inactions were in violation of this standard. However, some cases are based on strict liability, such as the event that a defective product causes injuries.

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

Most personal injury lawsuits involve one plaintiff versus several defendants but some are multi-plaintiff suits like class actions or mass torts. One or more of these plaintiffs could be a corporation like a pharmaceutical corporation or an insurance company or it could be another person who is similar to you. In these situations, multiple parties can be held liable based on the evidence presented by each plaintiff and on the findings of an investigation. If you were injured by someone else's negligence or wrongdoing and you are injured, call us immediately to discuss your case.