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What Is Injury Law? Lawsuits involving injury are concerned with civil wrongs which can cause harm to your body, mind and even your emotions. The goal of a successful injury lawsuit is to recover money for damages like medical bills, suffering and pain. It's not easy to avoid injuries, but you should protect yourself as much possible. For instance, if are likely to fall backwards, make sure to rotate your head and block it by using your arms. Negligence Anyone who has suffered injuries or other injuries as a result someone else's negligence may bring a lawsuit against the negligent party and seek financial compensation. To prove their case the plaintiff must establish four elements that are: breach of duty, causation, and damages. Negligence is the failure to behave in a manner that a reasonable person would do under similar circumstances. For example, a driver must adhere to traffic laws in order to avoid injuries and accidents to other people on the road. A doctor is required to treat patients in the same manner that a medical professional with the same training would under similar circumstances. Lawyers may also rely on expert testimony to show that the defendant's conduct was in line with industry standards. In order to prevail in a case of negligence the plaintiff must show that the defendant's negligence was the sole cause of the injury. This is called legal causation, and a skilled personal injury lawyer will claim that the actions of the defendant were the only possible cause of their injuries. The plaintiff must prove that their injuries resulted in verifiable monetary loss like lost income and medical bills. Gross negligence is a more serious form of negligence since it is reckless disregard for the safety of others. A nursing home that isn't able to change a patient's bandages for several days is an instance of gross negligence. In some states, defendants can use a defense called contributory negligence, which can prevent the plaintiff from claiming damages. Statute of limitations The statute of limitations is the amount of time that you must file a claim in the event that someone is negligent or careless of your safety causes you harm. This time limit is set by the state legislature to encourage timely filing and prevent unreasonable delays. The statute of limitation varies from one state to another and also depending on the type of injury and kind of injury. In Pennsylvania, for example car accidents allow for two years to submit a personal injury claim. However, certain claims could be subject to what's called the discovery rule. This means that the statute of limitations does not start until your injury is discovered or should reasonably have been discovered. In other circumstances which involve intentional torts, such as assaults, defamation, false imprisonment and the deliberate infliction of emotional distress, the statute of limitations is longer. A statute of limitations could be waived or tolled in specific cases, such as when minors are involved, or an individual is serving in the military or incarcerated. If you decide to file a suit after the statute of limitation has expired, your case may be dismissed without hearing. This is why it is essential to consult an experienced lawyer for injury before the statute of limitations runs out. Damages Many of the costs associated with an injury come with the price tag. These are known as special damages and may include medical expenses, out-of-pocket costs, lost wages, the cost to repair or replace your property and other fixed amounts. The law does limit the amount you can recover from special damages. Other losses are difficult to quantify, like pain and suffering, loss in enjoyment of life, and a variety of other intangible harms. It can be difficult to determine an amount on subjective losses such as physical or emotional pain but insurance companies and attorneys use formulas to quantify these losses. A person who is a plaintiff in a whiplash case, for instance, may have suffered serious injuries that impact their daily life. They might be required to ask for help with household chores, have a different diet, and may be unable to participate in social or engaging in recreational activities. The victim may suffer the loss of enjoyment which could be compensated as general damages. To estimate the value of a claim for general damages, lawyers or insurance companies typically begin by calculating total of medical special damages. They then add the value of any income loss. Then, they multiply this by a number between 1.5 and 5. More powerful multipliers are typically associated with more severe injuries. Liability In law liability refers to the person found to be responsible for an injury or harm. This can be due either to negligence or strict liability. The concept of negligence is the basis of most injury claims. Negligence is the inability to act with reasonable care under the circumstances. The jury will determine what an ordinary person in similar circumstances would have done and then decides whether the defendant's actions or inactions were in violation of this standard. However, certain injury cases are founded on strict liability, such as when a defective product results in injuries. In addition to the damages for economic losses, the victims may be entitled to compensation for non-economic damages like suffering and pain. It's hard to estimate these damages however, our injury attorneys have the experience to maximize your claim's value. Some personal injury lawsuits are multi-plaintiff cases that include class actions or mass torts. One or more of these plaintiffs could be an entity such as a pharmaceutical company or an insurance company, or it could be another person who is similar to you. In injury attorney clovis , a variety of parties can be held accountable based on the evidence provided by each plaintiff and on the findings of an investigation. Contact us right away if you have been injured by another's negligence or wrongdoing.