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What Is Injury Law?

Lawsuits involving injury law firms focus on civil infringements that could cause harm to your body, the mind and your emotions. The purpose of an injury lawsuit is to collect the financial compensation you deserve for damages such as medical bills and pain and suffering.

It's hard to avoid injuries, but it's important to take every precaution to protect yourself. For example, if you will fall backwards, make sure to turn your head and shield it by your arms.

Negligence

Someone who suffers injury or other losses as a result of an act of negligence by another person can file a negligence lawsuit and pursue financial compensation. The plaintiff must prove four things to establish their case: duty, breach causation, damages and breach of duty.

Negligence is when a person fails to act in a way that an ordinary person would under similar circumstances. A driver, for instance, should obey traffic laws to prevent injuries or accidents to other road users. A doctor is required to treat patients in the same manner that a medical professional with similar training would do in similar circumstances. A lawyer may also rely on expert testimony to demonstrate that the defendant's behavior was short of the standards set by industry.

In order to win a claim for negligence, the plaintiff has to prove that the defendant's failure to perform their duty was a direct cause for their injury. This is referred to as legal causation, and a good personal injury attorney will argue that the defendant's actions could have been the sole cause of their injuries.

The plaintiff must prove that their injuries led to an actual loss of money like lost income and medical bills. Gross negligence is a more serious form of negligent behavior in that it involves an unintentional disregard for the safety of others. Gross negligence is when a nursing facility is not able to change bandages for a patient for several days. In some states, defendants can use a defense known as contributory negligence to bar the plaintiff from claiming damages.

Statute of limitations

The statute of limitations is the time limit that you have to file a claim in the event that someone else's negligence or reckless disregard of your safety causes you harm. This time frame is determined by the legislature of the state to encourage timely filing and prevent unreasonable delays.

The statute of limitations varies from state to state, and for different types of injuries to the next. For instance in Pennsylvania personal injuries, such as car accidents, you typically have two years from the date of your accident to make claims. However, certain claims could be subjected to the discovery rule. This means that the statute of limitation does not begin until the injury is discovered, or should have been reasonably discovered.

In other instances, such as those involving intentional torts, like assaults, defamation, false imprisonment and the deliberate infliction of emotional distress, the statute of limitations is 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 incarcerated or on military duty.

If you decide to file a suit after the statute of limitations has been reached, your case may be dismissed without hearing. This is why it's crucial to consult an experienced injury attorney well before the statute of limitations runs out.

Damages

Many expenses associated with an injury can be attributed to the price tag. Special damages include medical expenses, cost-out-of-pocket, lost wages and the cost of the repair or replacement of your property, as well as other fixed costs. The law does limit the amount you can recover from special damages.

Other losses are difficult to quantify, for instance pain and suffering or loss of enjoyment life, and other non-tangible harms. Putting a dollar amount on the subjective loss of emotional distress or physical pain can be a challenge but lawyers and insurance companies utilize formulas to try to quantify the amount.

A person who is the plaintiff in a whiplash case, for example could have suffered severe injuries that affect their daily life. They may have to ask for help with household chores, change their diet, and avoid socializing or engaging in recreational activities. The victim may experience an absence of enjoyment, and can recover this as general damages.

To estimate the value of a claim for general damages, attorneys or insurers typically begin by calculating the total of medical special damages. They then add the value of any income loss. They will then multiply that number by a number that ranges from 1.5 to 5. The more severe injuries usually result in higher multipliers.

Liability

In law it is a matter of liability. It refers to the person who is accountable for harm or injury. This could be due negligence or strict liability. The majority of claims for injuries are based upon the notion of negligence. Negligence refers to the failure to act with a reasonable level of care in the context of the situation. Jurors decide what reasonable people would have done in similar circumstances, and then decide if the defendant's actions or inaction broke this standard. Certain injury cases are based solely on strict liability. For example, when defective products are the cause of injury.

In addition to damages for economic losses, the victims may be entitled to compensation for non-economic losses such as suffering and pain. It's hard to estimate these damages however, our injury attorneys are adept at maximizing your claim's value.

Certain personal injury lawsuits involve multi-plaintiffs like class actions or mass torts. One or more plaintiffs could be a corporation like a pharmaceutical corporation or an insurance company or it could be another person who is similar to you. In these instances, multiple parties could be held accountable depending on the evidence offered by each plaintiff and results of an investigation. If you've suffered injuries due to someone else's negligence or wrongful act get in touch with us immediately to discuss your case.