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What Is Injury Law Lawsuits involving injury focus on civil violations that could cause damage to your body emotions and mind The aim of a successful lawsuit is to obtain money for damages such as medical bills and pain and discomfort Its not easy to avoid injuries but you should protect yourself as much possible For instance if you are going to fall backwards make sure to rotate your head and block it by using your arms Negligence Someone who suffers injury or other losses due to anothers negligent actions may file a negligence lawsuit and pursue financial compensation But the plaintiff must first prove four things to prove their claim breach of duty breach or breach of duty causation or damages Negligence is defined as the failure to act with the level of care that a reasonably prudent person would have in similar situations A driver for instance must obey traffic laws to avoid accidents or harm to other road users A doctor is obliged to provide patients with the care that a similarly trained medical professional would offer in similar circumstances A lawyer may also rely on expert testimony to show that the defendants behavior was in line with industry standards To win a negligence case the plaintiff must prove that the breach by the defendant was the direct cause of the injury This is known as legal causation A reputable personal injury lawyer will argue that the defendants actions were the sole cause of the plaintiffs injuries The plaintiff must show that their injuries resulted in verifiable monetary loss such as medical bills and lost income The most serious type of negligence is gross negligence which is a complete lack of concern for the safety of others A nursing home that fails to change a patients bandages for several days is an instance of gross negligence In some states defendants are able to use a defense called contributory negligence to stop the plaintiff from seeking damages Statute of limitations If the negligence of someone else or reckless disregard for your safety leads you to suffer injury in a legal way the law grants you an unspecified period of time to file a lawsuit called the statute of limitations This limit set by the legislature of the state is intended to encourage prompt filing and avoid unreasonable delays The statute of limitation varies from state to state and also from type of injury to kind of injury For injury attorney richardson of Pennsylvania personal injuries such as car accidents you typically have two years from the date of the accident to file an action However certain claims can be subjected to the discovery rule This means that the statute of limitation does not start until the injury is discovered or could have been reasonably discovered In certain circumstances such as ones involving intentional crimes such as false imprisonment and assaults and defamation or intentional infliction of emotional distress the limitation period can be extended A statute of limitations can also be extended or waived in certain situations for instance when minors are involved or the person is serving in the military or in jail If you decide to make a claim after the time limit has expired the case will be dismissed without being heard It is therefore important to consult a seasoned attorney for injury before the statute of limitations expires Damages Many costs related to an injury come with the price tag These are known as special damages and may include medical expenses out of pocket expenses lost wages the cost of repairing or replace your property and other fixed costs The law does not limit the amount of specific damages that you can seek Other losses are more difficult to quantify such as suffering and pain or loss of enjoyment life and other nontangible harms It is difficult to determine a dollar value for subjective losses such as emotional distress or physical pain can be a challenge but lawyers and insurance companies use formulas to measure the amount For instance a defendant in a personalinjury case for whiplash might have suffered significant injuries that bring a lot of pain and a lot of difficulty in their daytoday life They might be required to seek help with household chores change their diet and not be able to enjoy social or engaging in recreational activities The victim may experience a loss in enjoyment which can be recouped as general damages To estimate the value of general damages claims lawyers and insurers usually begin by calculating the total for medical special damages and add the value of any income losses They then multiply this amount by a range of numbers ranging from 15 to 5 More severe injuries generally result in higher multipliers Liability In law it is a matter of liability It 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 for most lawsuits for injuries Negligence is the act of not acting in a reasonable manner and with diligence in the circumstances The jury decides what a reasonable person in similar circumstances would do and decides if the defendants actions or omissions violated the law Certain injury cases are based solely on strict liability For instance when an unsafe product is the cause of injury Victims could also be entitled to compensation in addition to economic damages in the event of noneconomic damages such as pain and discomfort Its difficult to quantify these damages but our injury lawyers are adept at maximizing your claims value Some personal injury lawsuits are multiplaintiff which include mass torts or class actions These plaintiffs can be corporations such as insurance companies or a pharmaceutical company or they could be individuals such as you In these situations multiple parties can be held liable depending on the evidence presented by each plaintiff and the results of a thorough investigation If youve been injured due to someone elses negligence or wrongdoing and you are injured call us immediately to discuss your case
