What Is Injury Law?

The law of injury focuses on civil wrongs that can cause damage to your body, the mind and your emotions. The purpose of an injury lawsuit is to recover an amount of money to compensate for damages, such as medical bills and suffering and pain.

It's difficult to avoid injuries such as this, but it's important to be as safe as you can. For example, if you will fall backwards, try to turn your head around and protect it by using your arms.

Negligence

Someone who suffers injury or other losses as a result of the negligence of another can file a negligence lawsuit and pursue financial compensation. But, the plaintiff must first prove four things to prove their case: breach of duty, breach or breach of duty, causation or damages.

Negligence is defined as a person's inability to exercise the same level of care reasonable and prudent people have in similar circumstances. For instance, a driver should follow traffic laws to prevent injuries or accidents to other road users. A doctor is required to treat patients in the same way that an individual with similar training would do in similar circumstances. Lawyers can employ expert testimony to show that the defendant's behavior fell in line with industry standards.

To win a negligence claim, the plaintiff must demonstrate that the defendant's breach of duty was a direct cause of their injuries. This is known as legal causation. A reputable personal injury lawyer will argue that the defendant’s actions were the sole reason for the plaintiff's injuries.

The plaintiff must show that their injuries caused verifiable monetary loss including medical bills and lost income. Gross negligence is the most serious form of negligence, as it involves total disregard for the safety of others. Gross negligence occurs when a nursing home does not change bandages on patients for a period of time. In certain states, defendants are able to use a defense known as contributory negligence to prevent the plaintiff from claiming damages.

Statute of Limitations

The statute of limitations is the time period that you have to file a claim if someone negligence or reckless disregard of your safety causes harm. This limit, set by the state legislature, is meant to encourage prompt filing and prevent unreasonable delay.

The time limit for lawsuits filing a claim varies from state to state and also depending on the type of injury. For instance, in Pennsylvania personal injury cases, such as car accidents, you typically have two years from the date of the accident to submit claims. However, some claims may be subject to what's known as the discovery rule, which means that the statute of limitations will not start until your injury is discovered or should have been discovered.

In certain cases, such as ones involving intentional crimes such as false imprisonment and assaults and defamation or intentional infliction of emotional distress, the limitations period can be extended. It is also possible for a statute of limitation to be waived or tolled, like in the case of a minor or an individual who is detained or on military duty.

If you decide to bring a lawsuit after the time limit has expired your case will be dismissed without hearing. This is why it's essential to consult an experienced attorney for injury before the statute of limitations expires.

Damages

Many of the costs associated with injuries come with cost. Special damages include medical expenses, out-of-pocket expenses, lost earnings and the cost of the repair or replacement of your property, as well as other fixed costs. The law limits the amount you can recover from special damages.

Other losses don't carry a price tag and can be difficult to calculate like the pain and suffering, loss of enjoyment from life, and other tangible damages. The process of putting a dollar value on subjective losses like physical or emotional pain can be difficult but attorneys and insurance companies employ formulas to measure these losses.

For instance, a defendant in a personal injury suit for whiplash might have suffered significant injuries that cause a lot of pain and discomfort to their daily lives. They may require help with chores around their home, eat differently, and not be able to participate in recreational activities or socializing with family. The victim may suffer an impairment in enjoyment and can recover this as general damages.

To estimate the value of a claim for general damages attorneys and insurance companies usually start with calculating the total for medical special damages. They then add on the value of any income loss. Then, they multiply this by a figure between 1.5 and 5. More severe injuries usually result in more multipliers.

Liability

In law, the term liability refers to a person who is held accountable for an injury or damage. This could be due to strict liability or negligence. The concept of negligence is the foundation of the majority of injury claims. Negligence is the failure to act with reasonable care in the circumstances. Jurors decide what a reasonable person would have done under similar circumstances and decide if the defendant's act or inaction was a violation of this standard. Certain injury cases are solely based on strict liability. For example, when an unsafe product is the cause of injuries.

Victims may also be entitled to compensation in addition to damages for economic loss for non-economic losses, like pain and discomfort. It's difficult to quantify these damages however, our injury attorneys have the experience to maximize the value of your claim.

Certain personal injury lawsuits involve multiple plaintiffs like class actions or mass torts. These plaintiffs can be corporations such as insurance companies or a pharmaceutical company or they could be individuals just like you. In these kinds of cases, multiple parties can be held accountable based on the evidence presented by each plaintiff and on the findings of an investigation. If you've suffered injuries due to the negligence of someone else or due to a wrongdoing, contact us right away to discuss your case.