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What Is Injury Law?

The law of injury focuses on civil infringements that could cause damage to your body, emotions and mind. The purpose of an injury lawsuit is to recover the financial compensation you deserve for damages such as medical bills and suffering and pain.

It's difficult to avoid such injuries, but you should be sure to safeguard yourself as much as you can. If you're likely to fall forward, you should turn your head to protect it, and use your arms to help.

Negligence

Someone who has suffered injuries or other damages as a result of another's negligence can sue for negligence and seek financial compensation. To prove their case, the claimant will need to prove four things: duty, breach of duty, causation and damages.

Negligence is when a person fails to act in a way that reasonable people would do under similar circumstances. For example, a motorist must adhere to traffic laws in order to avoid injuries and accidents to other people on the road. Doctors have a responsibility to provide patients with the care that a similarly qualified medical professional would provide in similar situations. Lawyers can make use of expert testimony to prove that the defendant's conduct was below industry standards.

To win a negligence case, the plaintiff must prove that the defendant's breach was the main cause of the injury. This is called legal causation, and a skilled personal injury lawyer will argue that the actions of the defendant could have been the sole reason for their injuries.

The plaintiff must prove that their injuries have resulted in an unjustifiable financial loss, like medical bills and loss of income. Gross negligence is the most severe form of negligence, as it involves reckless disregard for the safety of others. Gross negligence occurs the case when a nursing home fails to change bandages on patients for a period of time. In certain states, defendants can rely on a defense known as contributory negligence to prevent the plaintiff from seeking damages.

Statute of Limitations

If the negligent actions of another or reckless disregard for your safety leads injuries to you or suffer injury, the law allows the victim with a certain period of time to start a lawsuit, which is known as the statute of limitations. The statute of limitations, as set by the state legislature, is meant to encourage timeliness in filing and prevent unreasonable delay.

The time frame for filing a claim differs between states and also depending on the type of injury and type of injury law firm. In Pennsylvania, for example car accidents, you have two years to submit a personal injury claim. However, certain claims could be subject to what is known as the discovery rule, meaning that the statute of limitations does not start until your injury is discovered or should have been discovered.

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

If you attempt to file a lawsuit after the deadline for filing a lawsuit has passed, your case will be dismissed without being heard. This is why it's important to speak with an experienced injury attorney well before the statute of limitations runs out.

Damages

A variety of costs associated with an injury can be attributed to a price tag. These are referred to as special damages. They can include medical expenses, out-of-pocket costs, lost wages, the cost of repairing or replace your property and other fixed amounts. The law does not limit the amount of these damages you can claim.

Other losses don't carry any price and can be difficult to quantify such as the suffering and pain, the loss of life enjoyment and other intangible harms. It is difficult to determine a dollar value for the subjective loss of emotional distress or physical pain can be difficult, but attorneys and insurance companies utilize formulas to measure them.

For example, a plaintiff in a personal injury case for whiplash could have sustained serious injuries that cause a lot of pain and difficulty to their day-to-day lives. They may have to seek help with chores around their home, eat in a different way and may miss out on leisure activities or a social gathering with their family. The victim may experience an absence of pleasure and this can be recouped as general damages.

To determine the value of a claim for general damages, attorneys or insurers typically begin by calculating the total of medical special damages. They then add the value of any lost income. They then multiply that number by a value ranging from 1.5 to 5. The higher multipliers are generally associated with more severe injuries.

Liability

In law, the term liability refers to the person who is found to be liable for injury or harm. It could be due to negligence or strict liability. Negligence is the basis for most injury claims. Negligence means that you have failed to act with a reasonable amount of diligence in the circumstances. The jury decides what a reasonable person in similar circumstances would have done and then decides if the defendant's actions or omissions violated this standard. However, some injury cases are determined by strict liability, like the case where a defective product causes injuries.

In addition to the damages for economic losses, the victims may be entitled to compensation for damages that are not economic such as suffering and pain. It's hard to estimate these damages, but 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 such as class actions and mass torts. The plaintiffs could be corporations, such as an insurance company or a pharmaceutical firm, or they could be individuals such as you. In these kinds of 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 wrongful act and you are injured, call us immediately to discuss your case.