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What Is Injury Law? Lawsuits involving injury are concerned with civil infringements that can damage your body, mind and emotional. The goal of a successful lawsuit is to get money for damages such as medical bills and pain and discomfort. It's hard to avoid injuries such as this, however it is important to ensure you are protected as much as possible. For example, if you will fall backwards, try to turn your head around and protect it by using your arms. Negligence Anyone who suffers injuries or other losses due to another's negligent actions can file a negligence suit and pursue financial compensation. But, the plaintiff must first prove four things to prove their case: duty, breach or breach of duty, causation or damages. Negligence is defined as a person's inability to behave with the level of care that reasonable prudent people would have in similar situations. For instance, a driver 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 an individual with similar training would under similar circumstances. Lawyers may also rely on expert testimony to show that the defendant's conduct was short of the standards set by industry. To win a negligence claim the plaintiff must show that the defendant's failure to perform their duty was the direct cause for their injury. This is known as legal causation. A skilled personal injury lawyer will claim that the actions of the defendant could have been the sole reason for their injuries. The plaintiff must prove that their injuries resulted in verifiable monetary loss, such as lost income and medical bills. Gross negligence is a more severe form of negligence in that it involves total disregard for the safety of others. injury case fargo nursing home that fails to change the patient's bandages for several days is an instance of gross negligence. In certain states, defendants are able to use a defense known as contributory negligence to bar the plaintiff from seeking damages. Statute of limitations The statute of limitations is the time period that you have to submit a claim when someone is negligent or careless of your safety results in harm. This time limit, set by the state legislature, is meant to encourage speedy filing and avoid unreasonable delays. The time period for filing a claim differs from state to state and from one type of injury to the next. For instance when it comes to Pennsylvania personal injury cases such as car accidents, you generally have two years from the date of your accident to make claims. However, certain claims could be subject to what is called the discovery rule, meaning that the statute of limitations does not start until your injury is discovered or ought to have been discovered. In other circumstances, such as those involving intentional torts, including assaults or false imprisonment, defamation, and the deliberate infliction of emotional distress the statute of limitation is extended. A statute of limitations can also be waived or tolled in certain situations, for instance when a minor is involved, or someone is serving in the military or incarcerated. If you try to file a suit after the statute of limitation has expired, your lawsuit could be dismissed without hearing. This is why it's essential to consult an experienced injury attorney well before the statute of limitations expires. Damages Many of the costs caused by injuries have the potential for a cost. These are referred to as special damages and can include medical expenses, out-of-pocket costs, lost wages, the cost of repairing or replace your property, and other fixed amounts. The law limits the amount you can recover from special damages. Other losses don't come with any price and can be difficult to calculate, including pain and suffering, loss of enjoyment in life and other intangible damages. It is difficult to determine a dollar value for subjective losses such as physical or emotional pain can be difficult but lawyers and insurance companies employ formulas to attempt to quantify the amount. For instance, a defendant in a personal injury suit for whiplash may have suffered significant injuries that bring a lot of pain and difficulty to their day-to-day lives. They may need help with chores around their house, eat differently and not be able to participate in recreational activities or spending time with family. The victim may suffer a loss in enjoyment, which can be recovered as general damages. To determine the value of a claim for general damages, lawyers or insurers typically begin by calculating total of medical special damages. They then add the value of any lost income. They then multiply this by a number between 1.5 and 5. More severe injuries generally result in more multipliers. Liability In law, the term liability refers to a party who is found liable for an injury or harm. This can be due to negligence or strict liability. The concept of negligence is the basis of most injury claims. Negligence involves failing to act with a reasonable level of care under the circumstances. The jury determines what an average person in similar circumstances would do and then decides if defendant's actions and inactions violated this standard. Some injury cases are solely based on strict liability. For example, when an unsafe product is the reason for injuries. In addition to damages for economic losses, victims may be entitled to compensation for non-economic losses such as suffering and pain. The amount of these damages is difficult to determine but our experienced lawyer for injuries are adept at maximizing the value of your claim. Some personal injury lawsuits involve multiple plaintiffs, such as mass torts or class actions. One or more of these plaintiffs could be an entity such as a pharmaceutical company or an insurance company, or it could be an individual like you. In these kinds of cases, a variety of parties can be held responsible based on the evidence presented by each plaintiff and the outcome of an investigation. If you were injured by the negligence of someone else or due to a wrongdoing, contact us right away to discuss your case.