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What Is Injury Law? Lawsuits involving injury are concerned with civil wrongs which can damage your body, mind and emotions. The goal of a successful lawsuit is to obtain money for damages such as medical bills and discomfort and pain. It's difficult to avoid such injuries, but you must take every precaution to protect yourself. For instance, if will fall backwards, make sure to rotate your head and block it with your arms. Negligence Anyone who suffers injuries or other losses due to another's negligent actions may file a negligence lawsuit and pursue financial compensation. To prove their case the plaintiff will need to prove four things: duty, breach of duty, causation, and damages. Negligence refers to the failure to act in a way that an ordinary person would under similar circumstances. For instance, a driver should obey traffic laws in order to avoid accidents and injury to others on the road. A doctor is obliged to provide patients with the kind of care similar to that a similarly trained medical professional would offer in similar situations. A lawyer may employ expert testimony to show that the defendant's behavior fell below industry standards. To prevail in a negligence case, the plaintiff has to prove that the defendant's failure to perform their duty was the direct cause for their injury. This is called legal causation. A good personal injury attorney will argue that the actions of the defendant were the sole possible cause of their injuries. The plaintiff has to prove that their injuries have caused an unjustifiable financial loss, like medical bills or lost income. Gross negligence is a more serious type of negligence since it is an unintentional disregard for the safety of others. Gross negligence occurs when a nursing home does not change the bandages on a patient for several days. In certain states, defendants can rely on a defense called contributory negligence to prevent the plaintiff from claiming damages. Statute of Limitations If the negligent actions of another or careless disregard for your safety cause injuries to you or suffer injury, the law allows an unspecified period of time to start a lawsuit, which is known as the statute of limitations. This limit is determined by the legislature of the state to encourage timely filing and to prevent unreasonable delays. The time period for filing a claim can vary from one state to the next and also depending on the type of injury. In Pennsylvania, for example car accidents, for instance, you have two years to submit a personal injury claim. However, certain claims could be subjected to the discovery rule. This means that the statute of limitation does not start until the injury is discovered or at least, should have been discovered. In some instances, like cases involving intentional torts such as false imprisonment and assaults, as well as defamation or intentional infliction of emotional distress, the limitation period is extended. It is also possible for a statute of limitation to be waived or tolled, for instance, in the case of a minor or an individual who is in prison or on military duty. If you attempt to make a claim after the deadline for filing a lawsuit has passed your case could be dismissed without being heard. This is why it's essential to consult an experienced injury attorney well before the statute of limitations runs out. Damages A lot of the expenses that result from an injury come with a price. Special damages include medical expenses, cost-out-of-pocket, lost wages and the cost of fixing or replacing your property, among other fixed costs. The law does not limit the amount of special damages that you can seek. Other losses are harder to quantify, including suffering and pain, loss in enjoyment of life, as well as other intangible harms. The process of putting a dollar value on subjective losses like emotional distress or physical pain can be a challenge, but attorneys and insurance companies utilize formulas to determine the value of them. For instance, a person who is a plaintiff in a personal injury suit for whiplash could have sustained serious injuries that have caused many pains and a lot of difficulty in their day-to-day lives. They might be required to seek help with household chores, eat differently and miss out socializing or enjoying leisure activities. The victim may experience a loss of enjoyment, which could be compensated as general damages. To estimate the value of the claim of general damages, lawyers or insurers usually start by calculating the total of medical special damages. injury law firm norwalk add the value of any income loss. They will then multiply this figure by a range of numbers ranging from 1.5 to 5. Higher multipliers are usually associated with more serious injuries. Liability In law, the term liability refers to a party who is held accountable for injury or harm. It could 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 in the particular circumstances. The jury will determine what reasonable people in similar circumstances would do and then decides if the defendant's actions or inactions were in violation of this standard. Certain injury cases are solely based on strict liability. For instance, when defective products are the cause of injury. In addition to damages for economic losses, victims could be entitled to compensation for damages that are not economic such as suffering and pain. The amount of these damages is hard to quantify but our experienced lawyer for injuries are adept at maximizing the value of your claim. The majority of personal injury lawsuits involve one plaintiff against multiple defendants, but there are some that are multi-plaintiff cases like class actions and mass torts. One or more of these plaintiffs could be a corporate entity such as a pharmaceutical firm or an insurance company, or it could be an individual who shares your. In these cases, multiple parties could be held accountable according to the evidence presented by each plaintiff and results of an investigation. If you've suffered injuries due to someone else's negligence, or wrongdoing Contact us as soon as possible to discuss your case.