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What Is Injury Law Injury law focuses on civil violations that could cause harm to your body the mind and your emotions The goal of a successful lawsuit is to obtain money for damages such as medical bills pain and discomfort Its hard to avoid injuries like this but its crucial to be as safe as you can If youre going to fall forward turn your head to protect it and then use your arms Negligence A person who has suffered injuries or other damages as a result of negligence of another can bring a lawsuit against the negligent party and seek financial compensation However the plaintiff must first prove four elements to prove their claim breach of duty breach causation damages and breach of duty Negligence is the inability to act in a manner that a reasonable person would do under similar circumstances For example a motorist should 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 a medical professional with similar training would under similar circumstances Lawyers can also use expert testimony to prove that the defendants conduct fell below industry norms In order to prevail in a case of negligence the plaintiff has to prove that the defendants breach was the direct cause of the injury This is called legal causation injury attorney east orange will argue that the actions of the defendant could be the sole cause of their injuries The plaintiff must prove that their injuries led to tangible financial loss for example medical bills and lost income A more serious type of negligence is gross negligence It involves an unintentional disregard for others safety A nursing home that fails to change a patients bandages for several days is an instance of gross negligence In certain states defendants are able to use the defense of contributory negligence to block the plaintiff from claiming damages Statute of limitations When someone elses negligent actions or reckless negligence for your safety cause injury to you the law provides an amount of time to file a lawsuit called the statute of limitations This time limit is established by the state legislature to encourage timely filing and to prevent unreasonable delays The time period for filing a claim differs from state to state and for different types of injuries to the next For instance when it comes to Pennsylvania personal injury cases such as car accidents you generally have two years from the date of the accident to submit claims 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 should have been reasonably discovered In other circumstances that involve intentional torts such as assaults false imprisonment defamation and the deliberate infliction of emotional distress the statute of limitations is longer A statute of limitations can be waived or tolled in certain situations for instance when minors are involved or an individual is on military duty or in prison If you attempt to file a suit after the statute of limitation has expired your lawsuit could be dismissed without hearing This is why it is essential to consult an experienced lawyer for injury before the statute of limitations runs out Damages A variety of costs associated with an injury can be attributed to cost Special damages can include medical expenses outofpocket costs lost wages and the cost of fixing or replacing your property in addition to other fixed sums The law does not limit the amount of special damages you can recover Other losses dont carry a price tag and can be difficult to calculate including pain and suffering loss of enjoyment in life and other intangible harms It isnt easy to assign a dollar value for subjective losses like physical or emotional pain however lawyers and insurance companies make use of formulas to quantify the amount of these losses A person who is the plaintiff in a whiplash case for instance may have suffered serious injuries that impact their daily life They might have to get help with chores around the home eat in a different way and avoid recreational activities or a social gathering with their family The victim may experience an impairment in enjoyment and can recover this as general damages To estimate the value of a claim of general damages lawyers or insurers typically begin by calculating the total of medical special damages They then add the value of any income loss They then multiply this by a number between 15 and 5 More severe injuries usually result in higher multipliers Liability In law the term liability refers to a person who is found to be liable for injury or harm This can be due either to negligence or strict liability The concept of negligence is the basis of most lawsuits involving injuries Negligence is the failure to exercise with reasonable care in the circumstances The jury will determine what an ordinary person in similar circumstances would have done and then decides if defendants actions and inactions violated the law Some cases involving injuries are solely based on strict liability For instance when an unsafe product is the cause of injury In addition to damages for economic losses victims may be entitled to compensation for noneconomic damages such as suffering and pain Its difficult to quantify these damages however our injury lawyers have the experience to maximize your claims value Most personal injury lawsuits involve one plaintiff against several defendants however there are some multiplaintiff suits like class actions and mass torts These plaintiffs can be companies such as insurance companies or a pharmaceutical company or they could be people like you In these instances multiple parties could be held accountable according to the evidence presented by each plaintiff as well as the results of an investigation Contact us immediately if you have been injured due to someone elses negligence or wrongdoing
