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What Is Injury Law Lawsuits involving injury are concerned with civil violations that can affect your body mind and emotions The purpose of an injury lawsuit is to obtain the financial compensation you deserve for damages such as medical bills suffering and pain It is difficult to avoid injuries but its important to take every precaution to protect yourself If youre going to fall forward tilt your head to shield it and use your arms Negligence Someone who suffers injury or other losses due to anothers negligent actions may file a negligence lawsuit and seek financial compensation To prove their case the plaintiff must prove four things that are breach of duty causation and damages Negligence refers to the failure to behave in a manner that reasonable people would act in similar circumstances A driver for instance should obey traffic laws to prevent injuries or accidents to other road users A doctor must treat patients in the same manner that medical professionals with similar training would under similar circumstances A lawyer can make use of expert testimony to prove that the defendants behavior fell below the standards of industry In order to prevail in a case of negligence the plaintiff has to prove that the breach of the defendant was the main cause of the injury This is referred to as legal causation A good personal injury attorney will argue that the actions of the defendant could have been the sole cause of their injuries The plaintiff must prove that their injuries have caused an identifiable financial loss for example medical bills and loss of income A more serious type negligence is gross negligence which involves an absolute lack of concern for others safety A nursing home that isnt able to change a patients bandages for a period of time is an instance of gross negligence In some states defendants can use a defense known as contributory negligence to prevent the plaintiff from claiming damages Statute of Limitations If the negligent actions of another or reckless negligence for your safety cause 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 limitation set by the legislature of the state is intended to encourage timeliness in filing and prevent excessive delay The time period for filing a claim can vary from state to state and also depending on the kind of injury For instance in Pennsylvania personal injury cases such as car accidents you generally have two years from the date of your accident to file a claim However certain claims could be subjected to the discovery rule This means that the statute of limitation is not set until the injury is discovered or ought to have been discovered In certain cases such as cases involving intentional torts such as false imprisonment and assaults as well as defamation or intentional infliction of emotional distress the limitations period is extended It is also possible for a statute of limitation to be tolled or waived for instance in the case of an individual who is a minor or who is incarcerated or serving on military duty If you attempt to file a suit after the statute of limitations has expired your case may be dismissed without hearing injury attorney livermore is therefore crucial to speak with an experienced injury lawyer before the statute runs out Damages Many expenses associated with injuries come with the price tag Special damages include medical expenses outofpocket expenses lost wages and the cost of repairing or replacing your property among other fixed costs The law does limit the amount you can claim in special damages Other losses do not have an associated price and may be difficult to calculate for example the pain and suffering loss of enjoyment in life and other harms that are intangible Putting a dollar amount on subjective losses such as physical or emotional discomfort can be difficult but attorneys and insurance companies make use of formulas to determine the value of the amount A plaintiff in a sever whiplash case for instance might have suffered serious injuries that affect their daily lives They might need to ask for help with household chores eat differently and may be unable to participate in social or enjoying leisure activities The victim might suffer a loss of enjoyment which can be recouped as general damages To estimate the value for an action for general damages attorneys or insurers typically begin by calculating total of medical special damages They then add the value of any income loss They will then multiply this number by a number ranging from 15 to 5 The more severe injuries usually result in more multipliers Liability In law liability refers to the person who is responsible for harm or injury This could be due to strict liability or negligence Most lawsuits involving injuries are based on the idea of negligence Negligence is the failure to act with reasonable care under the circumstances The jury will determine what an ordinary person in similar circumstances would do and then decides if the defendants actions and inactions violated this standard However certain injury cases are based on strict liability like when a defective product causes injuries Victims could also be entitled to compensation in addition to economic damages in the event of noneconomic damages like discomfort and pain The amount of these damages is difficult to place a value on however our skilled injury lawyers are adept at maximizing the value of your claim Most personal injury lawsuits pit one plaintiff against a number of defendants but some are multiplaintiff suits like class actions and mass torts One or more of these plaintiffs could be a company such as a pharmaceutical company or an insurance company or it could be another person who is similar to you In these cases several parties could be held accountable depending on the evidence provided by each plaintiff and results of an investigation Contact us right away if you were injured by someone elses negligence or wrongdoing
