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What Is Injury Law Injury law allows for people to recover monetary compensation in the case of an accident The money recouped can be used to cover medical costs loss of income property damages and other costs It could also be used to pay for pain suffering and other costs First the plaintiff must show that the defendant owed them an obligation of care Then they have to prove that the breach of that duty caused harm Bodily injuries Bodily injury is a term used to describe any physical harm that a person might be afflicted including bruises broken bones burns cuts or even death injury law firm jacksonville could also refer to mental or emotional damage In these situations an injury lawyer can help the victim recover damages They can also help victims recover lost income as well as medical expenses resulting from their injuries The most frequently cited reason for bodily injuries is negligence The law requires that individuals and companies take care of the safety of others They are required to evaluate their actions with those of a reasonable individual in the same situation If they fail to do this and are found to be negligent they could be held accountable for the injuries suffered by the victim For instance if you are injured by a drunk driver in an establishment or bar you can pursue a personal injury case against the drunk driver The victim who was injured may be able to recover compensation for medical expenses lost wages and discomfort and pain Calculating your losses can be a difficult task For instance you must determine the value of future earnings potential as well as nontangible losses such as pain or discomfort A personal injury lawyer will assist you with this process and ensure that all of your losses will be compensated by the party who is at fault This is why its essential to hire a reputable injury lawyer Negligence Negligence is a legal concept that involves an individual who owes a duty another person and then behaves carelessly resulting in injury or damage In the context a personal injury case this kind of behavior is often described by breach duty A breach of duty occurs if an individual fails to behave in a way that a reasonable prudent person would have done in similar circumstances A doctor for instance must act at a standard appropriate to his or her job If a physician fails to comply with that standard its deemed negligence There are a few factors which must be present in order to prove negligence First the plaintiff must prove that the defendant was under the obligation to keep others safe but failed to perform the duty The second requirement is to demonstrate that the defendants lapse in duty caused the injury This is sometimes called causation in fact or proximate cause It means there is a direct connection between the negligent act and any damages or injuries It does not mean that the negligent act caused the injury The plaintiff should also demonstrate that they have suffered damages due to the negligence They can be financial burdens such as medical expenses lost wages emotional distress and pain and suffering A lawyer can help record all your losses and get compensation which is fair and just Statute of limitations The statute of limitations is the period of time within which a victim of an injury must make a civil claim or otherwise be disqualified from filing an action later The law is different based on the kind of injury and the state in which it occurred For instance if you are injured by an explosion or other event that takes place in New York you would be required to act swiftly to safeguard your legal rights The statute of limitations is a type of legal stopwatch It starts to tick when an incident occurs and ceases at the point that the time limit for a lawsuit expires This is due to evidence that can disappear with time witnesses may disappear or be unavailable and memory can deteriorate Generally speaking the clock on the statute of limitations will begin to run after an accident occurs but there are exceptions For instance if an injury occurs when the defendant is out of the state and does not return to their home until the statute of limitations has expired and the statute of limitations has expired it may be equitably tolled The discovery rule puts the statute of limitations clock in place This rule may be interpreted to mean that based on the state in which you reside your malpractice claim will only accrue begin to run after the treatment for your medical condition is complete You could also be able to bring a claim in the event that you were aware of the injury or if you could have Damages If youre injured due to the negligence of someone else The civil law allows you to compensation for your loss These are known as damages and they can come in a variety forms In general they consist of compensation for your economic and noneconomic losses Economic damages are those which can be proven through the help of a paper trail For instance lost wages and medical expenses The cost of these damages can be determined by a personal injury lawyer who will typically use pay slips and tax records to prove them In addition to the economic damages you may also be eligible for compensation for your physical and emotional stress An experienced attorney can help you set the price on your mental distress pain and suffering and loss of enjoyment of living If you have a severe injury you could be entitled to aggravated damages which are similar to the nonmonetary losses These damages are meant to compensate you for the distress due to the defendants illegal actions not to compensate for the extent of the injury In some cases juries can decide to award punitive damages They are intended to punish the wrongdoer and prevent future misconduct They are distinct from compensatory damages They require a high level of proof including evidence that the defendant acted in reckless disregard or malice for others
