What Is Injury Law?

Injury law is concerned with civil wrongs that could damage your body, mind and emotions. The goal of a successful injury lawsuit is to secure monetary compensation for damages like medical bills, suffering and pain.

It's not easy to avoid injuries, but you must protect yourself as much possible. If you're likely to fall forward, you should turn your head to protect it and use your arms.

Negligence

A person who suffers injuries or other losses as a result of another's negligent actions may file a negligence lawsuit and seek financial compensation. The plaintiff must prove four things to prove their case: breach of duty, breach or breach of duty, causation or damages.

Negligence is defined as the inability to behave with the same level of care a reasonably prudent person would have in similar circumstances. For instance, a driver should follow traffic laws to prevent injuries or accidents to other road users. Doctors have a responsibility to provide patients with the kind of care that a similarly trained medical professional would give in similar circumstances. A lawyer can also use expert testimony to show that the defendant's conduct fell in line with industry standards.

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

The plaintiff must show that their injuries resulted in an actual loss of money, such as lost income and medical bills. Gross negligence is a more serious form of negligence in that it involves a complete disregard for the safety of others. A nursing home that fails to change the patient's bandages over a period of several days is an instance of gross negligence. In certain states, defendants may use the defense of contributory negligence to prevent the plaintiff from claiming damage.

Statute of limitations

If someone else's negligence or injury lawsuit reckless negligence for your safety cause you to be injured, the law provides a limited period of time to file a lawsuit, called the statute of limitations. The statute of limitations, as set by the state legislature, is meant to encourage timely filing and to prevent unreasonable delay.

The time period for filing a claim can vary from state to state and also from type of injury to type of injury. In Pennsylvania, for example car accidents allow for two years to file a personal injury lawsuit. However, certain claims can be subject to the discovery rule. This means that the statute of limitations does not begin until the injury is discovered or should have been reasonably discovered.

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

If you decide to file a lawsuit after the statute of limitations has expired, your lawsuit could be dismissed without hearing. It is therefore essential to consult a seasoned injury lawyer prior to when the statute runs out.

Damages

Many of the costs associated with an injury can be attributed to 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 sums. The law does limit the amount you can recover in special damages.

Other losses don't come with an associated price and may be difficult to quantify for example, the suffering and pain, the loss of enjoyment of life and other tangible damages. It can be difficult to put an exact value on subjective losses like physical or emotional discomfort, but lawyers and insurance companies make use of formulas to quantify them.

A plaintiff in a whiplash case, for instance could have suffered severe injuries that impact their daily lives. They might be required to seek assistance with household chores, have a different diet, and miss out socializing or participating in recreational activities. The victim may experience the loss of enjoyment which can be recovered as general damages.

To estimate the value of general damages claims lawyers and insurers usually start with calculating the total for medical special damages and add the value of any income loss. They then multiply this by a number between 1.5 and 5. More severe injuries generally result in more multipliers.

Liability

In law, the word "liability" refers to a person who is held accountable for injury or harm. This could be due negligence or strict liability. The concept of negligence is the foundation of the majority of lawsuits for injuries. Negligence is the failure to exercise with reasonable care in the circumstances. The jury determines what a reasonable person in similar circumstances would do and then decides if the defendant's actions or inactions violated the law. Some injury cases are based solely on strict liability. For example, 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 damages like suffering and pain. The amount of these damages is difficult to quantify but our experienced lawyer for injuries are adept in maximizing the value your claim.

Most personal injury lawsuits are brought by one plaintiff versus several defendants however, there are some multi-plaintiff suits such as class actions and mass torts. These plaintiffs can be companies such as insurance companies or a pharmaceutical company, or they could be individuals just like you. In these instances, multiple parties could be held accountable depending on the evidence offered by each plaintiff and the results of an investigation. If you've suffered injuries due to the negligence of someone else or due to a wrongdoing get in touch with us immediately to discuss your case.