What Is Injury Law?

Injury law focuses on civil infringements that could cause harm to your body, emotions and mind. The goal of a successful lawsuit is to recover funds to pay for damages such as medical bills, discomfort and pain.

It is difficult to avoid injuries such as this, but it's essential to ensure you are protected as much as you can. For example, if you are about to fall backwards, turn your head and shield it by using your arms.

Negligence

Anyone who suffers injuries or other losses as a result of another's negligent actions may file a lawsuit for negligence and seek financial compensation. To prove their case, the plaintiff will need to prove four things including breach of duty, injury lawyer causation, and damages.

Negligence is the failure to act in the manner that an ordinary person would under similar circumstances. For example, a motorist must follow traffic laws in order to avoid injuries and accidents to others on the road. A doctor is required to treat patients in the same way that a medical professional with similar training would do under similar circumstances. A lawyer can also use expert testimony to prove that the defendant's conduct fell short of the standards set by industry.

In order to prevail in a case of negligence, the plaintiff has to prove that the breach by the defendant was the direct cause of the injury. This is called legal causation, and a skilled personal injury lawyer will claim that the actions of the defendant could be the sole cause of their injuries.

The plaintiff has to prove that their injuries have resulted in a verifiable financial loss, such as medical bills or loss of income. A more serious type of negligence is gross negligence, which is an unintentional disregard for others' safety. A nursing home that does not change a patient's bandages over a period of several days is an example of gross negligence. In some states, defendants can use a defense called contributory negligence to stop the plaintiff from seeking damages.

Statute of limitations

If the negligent actions of another or careless disregard for your safety cause injuries to you or injury suffer injury, the law allows an unspecified amount of time to start a lawsuit, which is known as the statute of limitations. This time limit, set by the state legislature, is meant to encourage timely filing and avoid unreasonable delays.

The time frame for filing a claim is different from state to state and Injury for different types of injuries to the next. For instance, in Pennsylvania personal injury cases such as car accidents, you generally have two years from the date of the accident to file claims. However, some claims may be subject to what is called the discovery rule, which means that the time limit for filing a claim does not begin until your injury is discovered or should reasonably have been discovered.

In other instances, such as those involving intentional torts, including assaults, false imprisonment, defamation and intentional infliction on emotional distress, the statute of limitations is extended. A statute of limitations can be waived or tolled in specific situations, for instance when a minor is involved or an individual is on military duty or in prison.

If you decide to file a lawsuit after the statute of limitations has expired, your lawsuit could be dismissed without hearing. It is therefore essential to consult with an experienced injury lawyer prior to when the statute expires.

Damages

Many of the costs associated with an injury have the potential for a cost. Special damages can include medical expenses, out-of-pocket costs, lost wages and the cost of fixing or replacing your property, in addition to other fixed amounts. The law limits the amount you can recover in special damages.

Other losses are hard to quantify, like pain and suffering, loss in enjoyment of life, and other non-tangible harms. It isn't easy to assign an amount on subjective losses like emotional distress or physical discomfort but lawyers and insurance companies use formulas to quantify these losses.

A plaintiff in a whiplash case, for instance might have sustained serious injuries that impact their daily lives. They may require help with chores around their home, change their diet and may miss out on leisure events or gatherings with friends. The victim could suffer a loss in enjoyment, which could be compensated as general damages.

To estimate the value of a claim for general damages, lawyers and insurers typically begin by calculating the sum for medical special damages and then add on the value of any income losses. They then multiply this by a figure between 1.5 and 5. More powerful multipliers are typically 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 basis of most lawsuits involving injuries. Negligence is the inability to act with reasonable care in the circumstances. The jury determines what reasonable people in similar circumstances would do and decides if the defendant's actions or omissions violated this standard. Some injury cases are based solely on strict liability. For instance, when an unsafe product is the cause of injury.

In addition to the damages for economic losses, victims might be entitled to compensation for non-economic losses like suffering and pain. The amount of these damages can be difficult to estimate however, our skilled injury lawyers are adept in maximizing the value your claim.

The majority of personal injury lawsuits are brought by one plaintiff against several defendants, but there are some that are multi-plaintiff cases like class actions or mass torts. One or more of these plaintiffs could be an entity like a pharmaceutical company or an insurance company or it could be an individual like you. In these cases, several parties could be held accountable based on the evidence submitted by each plaintiff and results of an investigation. If you've been hurt by someone else's negligence or wrongdoing, contact us right away to discuss your case.