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What Is Injury Law? Injury law is concerned with civil infringements that can affect your body, mind and emotional. The purpose of an injury lawsuit is to secure the financial compensation you deserve for damages such as medical bills, suffering and pain. It's hard to avoid injuries like this, however it is important to be as safe as you can. If you're likely to fall forward, turn your head to protect it, and then use your arms. Negligence Anyone who suffers injuries or other losses due to negligence of another's may file a negligence lawsuit and seek financial compensation. But, the plaintiff must first prove four factors to prove their claim: breach of duty of duty, causation and damages. Negligence is the failure to behave in a manner that reasonable people would do in similar circumstances. For example, a motorist must follow traffic laws to avoid accidents and injury to other people on the road. A doctor is required to provide patients with the same care that a similarly qualified medical professional would offer in similar situations. A lawyer may use expert testimony to prove that the defendant's conduct was below the standards of industry. To win a negligence claim the plaintiff must show that the defendant's failure to perform their duty was the direct cause of their injuries. This is referred to as legal causation. A reputable 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 tangible financial loss including medical bills and lost income. Gross negligence is a more serious type of negligence because it entails an unintentional disregard for the safety of others. A nursing home that does not change a patient's bandages for a period of time is an instance of gross negligence. In some states, defendants can use a defense known as contributory negligence in order to keep the plaintiff from claiming damage. Statute of Limitations If the negligence of someone else or careless disregard for your safety causes injuries to you or suffer injury, the law allows a limited amount of time to bring a lawsuit, referred to as the statute of limitations. This limit is established by the state legislature to encourage timely filing and to prevent unreasonable delays. The time frame for filing a claim is different from state to state, and for different types of injuries to the next. In Pennsylvania, for example, car accidents can take two years to submit a personal injury claim. However, some claims may be subject to what is known as the discovery rule, which means that the time limit for filing a claim does not start until the injury is discovered or should reasonably have been discovered. In other situations that involve intentional torts, including assaults, defamation, false imprisonment, and intentional infliction of emotional distress the statute of limitation is extended. It is also possible for a statute of limitations to be waived or tolled, such as in the case of minors or individuals who is incarcerated or serving on military duty. If you try to file a lawsuit after the statute of limitation has expired, your case could be dismissed without hearing. This is why it's essential to consult an experienced attorney for injury before the statute of limitations runs out. Damages Many of the costs related to an injury have an associated cost. Special damages include medical expenses out-of-pocket costs, lost wages and the cost of repairing or replacing your property, in addition to fixed sums. The law does not limit the amount of special damages you can claim. Other losses are harder to quantify, like pain and suffering or loss of enjoyment life, as well as other intangible harms. In determining a dollar amount for subjective losses such as emotional distress or physical pain can be a challenge but attorneys and insurance companies utilize formulas to attempt to quantify them. A person who is the plaintiff in a whiplash case, for example could have suffered severe injuries that impact their daily life. They may require help with chores around their home, eat in a different way and not be able to participate in recreational activities or a social gathering with their family. The victim may suffer an absence of pleasure and this is recoverable as general damages. To determine the value of a claim for general damages attorneys and insurance companies usually begin by calculating the sum for medical special damages and add on the value of any income loss. Then, they multiply this number by a number between 1.5 and 5. Higher multipliers are usually associated with more serious injuries. Liability In law, liability refers to the person found to be responsible for an injury or harm. This can be due to strict liability or negligence. The concept of negligence is the foundation of the majority of injury claims. Negligence is the act of not acting with a reasonable amount of care under the circumstances. The jury considers what an average person in similar circumstances would have done and then decides whether the defendant's actions or inactions violated this standard. Some injury cases are solely based on strict liability. For injury attorney downey , when an unsafe product is the cause of injury. In addition to the damages for economic losses, victims may be entitled to compensation for damages that are not economic such as pain and suffering. The amount of these damages is hard to quantify but our experienced lawyer for injuries are adept in maximizing the value of your claim. Most personal injury lawsuits involve a single plaintiff versus several defendants but some are multi-plaintiff suits such as class actions and mass torts. The plaintiffs could be corporations such as insurance companies or a pharmaceutical company or they could be individuals such as you. In these situations, several parties may be held responsible according to the evidence presented by each plaintiff and the results of an investigation. If you've suffered injuries due to someone else's negligence or wrongdoing and you are injured, call us immediately to discuss your case.