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What Is Injury Law Injury law deals with civil violations that can harm your mind body and even your emotions The goal of a successful lawsuit is to obtain compensation for damages such as medical bills discomfort and pain Its not easy to avoid injuries such as this but its important to protect yourself as much as you can For injury lawsuit tulsa if you are likely to fall backwards make sure to rotate your head and block it by your arms Negligence Someone who has suffered injuries or other losses due to negligence of another can sue for negligence and seek financial compensation To prove their case the plaintiff will need to establish four elements that are breach of duty causation and damages Negligence is defined as the inability to act with the same level of care reasonable and prudent people have in similar circumstances For instance a driver must obey traffic laws in order to avoid accidents and injury to others on the road A doctor is required to treat patients in the same way that an individual who has the same training would under similar circumstances Lawyers can also use expert testimony to prove that the defendants conduct was far from the norms of the industry To be successful in a negligence claim the plaintiff must demonstrate that the defendants failure to perform their duty was the direct cause of their injury This is referred to as legal causation A good personal injury attorney will argue that the actions of the defendant were the sole possible reason for their injuries The plaintiff must prove that their injuries led to tangible financial loss including lost income and medical bills Gross negligence is the most severe form of negligence since it is a complete disregard for the safety of others Gross negligence occurs the case when a nursing home fails to change bandages on patients for a period of time In certain states defendants are able to use a defense known as contributory negligence to prevent the plaintiff from claiming damage Statute of limitations If someone elses negligence or reckless disregard for your safety cause you to be injured or suffer injury the law allows a limited period of time to bring a lawsuit referred to as the statute of limitations The statute of limitations as set by the legislature of the state is designed to encourage prompt filing and prevent unreasonable delay The time period for filing a claim differs from states to states and depending on the type of injury to the next In Pennsylvania for instance car accidents for instance you have two years to make a claim for personal injury However certain claims could be subjected to the discovery rule This means that the statute of limitations is not set until the injury is discovered or ought to have been discovered In some cases like those involving intentional torts such as false imprisonment and assaults as well as defamation and intentional infliction emotional distress the limitations period is extended A statute of limitations can also be waived or tolled in specific circumstances like when minors are involved or someone is serving in the military or incarcerated If you attempt to bring a lawsuit after the statute of limitations has expired your case will be dismissed without being heard This is why it is essential to consult an experienced lawyer for injury before the statute of limitations runs out Damages A lot of the expenses caused by injuries have a price Special damages can include medical expenses costoutofpocket lost wages and the cost of repairing or replacing your property as well as other fixed sums The law limits the amount you can recover from special damages Other losses are more difficult to quantify like pain and suffering or loss of enjoyment life as well as other intangible harms The process of putting a dollar value on the subjective loss of emotional distress or physical pain can be difficult however attorneys and insurance companies utilize formulas to attempt to quantify these losses A plaintiff in a sever whiplash case for instance might have suffered serious injuries that affect their daily life They may require help with chores around the home eat in a different way and avoid recreational activities or a social gathering with their family The victim could suffer a loss in enjoyment which can be recouped as general damages To determine the value of a claim for general damages lawyers and insurance companies typically begin by calculating the sum for medical special damages and then add on the value of any income losses Then they multiply this by a figure between 15 and 5 Higher multipliers are usually associated with more severe injuries Liability In law the term liability refers to the person who is held accountable for harm or injury This can be due to negligence or strict liability Most lawsuits involving injuries are based on the concept of negligence Negligence is the inability to act with reasonable care in the circumstances The jury considers what reasonable people in similar circumstances would have done and then decides if the defendants actions or inactions were in violation of this standard However some injury cases are founded on strict liability such as when a defective product causes injuries In addition to damages for economic losses victims might be entitled to compensation for noneconomic losses such as pain and suffering It is difficult to value these damages however our injury lawyers are adept at maximizing the value of your claim Some personal injury lawsuits involve multiple plaintiffs that include class actions or mass torts The plaintiffs may be companies such as an insurance company or a pharmaceutical company or they could be individuals like you In these kinds of cases multiple parties can be held liable based on the evidence presented by each plaintiff as well as the results of an investigation Contact us right away if you have been injured due to someone elses negligence or wrongdoing
