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What Is Injury Law The law on injury allows people to seek compensation in the event of an accident The money recovered may be used to pay for medical expenses loss of income property damage and other costs In addition it may also be used to cover pain and suffering The plaintiff first needs to demonstrate that the defendant was in an obligation of care Then they have to prove that the breach of this duty caused harm injury attorney maine is a term used to describe any physical harm that a person might be afflicted including bruises broken bones burns cuts or even death It could also refer to mental or emotional trauma An injury lawyer can assist victims recover damages in these cases They can also assist victims recover lost income and medical expenses associated with their injuries Negligence is the leading cause of injuries The law requires that people and businesses take care of the safety of other people They must compare their actions to those of a reasonable individual in the same situation If they fail to do this and they do not they could be held liable for the damages of the victim If you are injured by drunken drivers in a bar or restaurant and you are injured you can make an injury claim The victim of injury may be able to recover compensation for medical expenses lost wages as well as pain and discomfort It can be challenging to calculate your losses For instance you have to determine the value of your future earning potential and also your intangible losses like pain and suffering A personal injury lawyer can assist you in this process and make sure that your losses are covered by the atfault party It is vital to have an experienced injury lawyer Negligence Negligence is the legal term of a person who has obligations to another and then acts negligently which results in injury or damages In the case of a personal injury case the behavior is usually referred to as a breach of duty A breach of duty occurs when an individual does not act as a reasonably prudent person would in similar circumstances For instance a doctor should adhere to a certain standard that is appropriate for his or her profession If the doctor fails to meet the standard its termed negligence There are a few elements that must be to prove negligence First the plaintiff has to establish that the defendant had the obligation to keep others safe and failed to perform the duty Secondly the victim must prove that the defendants breach of duty caused the harm This is sometimes referred to as causation in fact or proximate cause It means that theres an immediate connection between the negligent act and any injuries or damages This does not mean that the negligent act caused the injury The plaintiff should also demonstrate that they have suffered losses due to the negligence These could be financial burdens like medical expenses and lost wages or emotional distress suffering An attorney can help record all your losses and get compensation which is fair and just Statute of limitations The statute of limitations is the time in which a person injured must file a civil lawsuit or be barred from later making a claim The law varies based on the kind of injury and the state in which it occurred For instance if you are injured in an explosion or other event that occurs in New York you would have to act quickly to safeguard your legal rights Statutes of limitations function as a kind of legal stopwatch which starts ticking at the time of an incident It stops when the deadline for the time for filing a lawsuit is reached This is because important evidence can fade over time witnesses could disappear or cease to exist and memories may deteriorate Generally the timer on the statute of limitations starts to tick when an accident has occurred however there are exceptions For instance in the event of an injury when the defendant is away from the state and doesnt return to his or her home until the time limit has expired the statute of limitations may be equitably tolled The discovery rule holds the timetoexpire clock on hold Based on the jurisdiction this rule could mean that your malpractice claim only accrues begins to run when your treatment for the medical condition ends You may also be able to pursue a claim if you found out about the injury or if you were able to have Damages If youre injured by the negligence of another the law of civil jurisdiction allows you to receive compensation for your loss These are called damages and they can take a variety of forms In general they are damages for noneconomic as well as economic damages Economic damages are those that can be proven with an evidence trail like lost wages and medical expenses A personal injury attorney can help you estimate these costs which are typically substantiated by paystubs and tax records In addition to financial damages you may be entitled to compensation for your physical and emotional anxiety An experienced injury attorney can help place a value on your suffering your loss of enjoyment and mental stress If you suffer a serious injury you may be entitled to aggravated damages that are similar to losses that are not pecuniary These damages are meant to provide you with compensation for the suffering caused by the wrongful conduct of the defendant not the severity of your injuries In rare instances juries can award punitive damage These are designed to punish the wrongdoer and prevent future misconduct They are separate from compensatory damages These cases must be backed by a high standard of proof For example they must establish that the defendant acted with malice or reckless disregard for others
