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What Is Injury Law? The law of injury is focused on civil offenses that cause harm to your body, mind, and even your emotions. The goal of a successful lawsuit is to recover money for damages such as medical bills, discomfort and pain. It's difficult to avoid such injuries, but you must take every precaution to protect yourself. For instance, if you will fall backwards, try to turn your head to the side and then shield it by using your arms. Negligence A person who has sustained injuries or other injuries as a result the negligence of another person can make a claim for negligence and seek financial compensation. But, the plaintiff must first prove four things to establish their claim: breach of duty, breach of duty, causation and damages. Negligence refers to the failure to act in a manner that reasonable people would do in similar circumstances. For instance, a driver, should obey traffic laws to prevent accidents or harm to other road users. A doctor must treat patients in the same way that an individual with the same training would under similar circumstances. Lawyers may also rely on expert testimony to prove that the defendant's conduct fell in line with industry standards. To be successful in a negligence claim, the plaintiff must demonstrate that the defendant's breach of duty was the direct cause of their injury. This is known as legal causation. A skilled personal injury lawyer will claim that the actions of the defendant were the only possible reason for their injuries. The plaintiff must prove that their injuries resulted in an identifiable financial loss, for example medical bills and loss of income. Gross negligence is the most severe form of negligence, as it involves a complete disregard for the safety of others. injury law firm flint nursing home that does not change a patient's bandages for several days is an example of gross negligence. In some states, defendants can use a defense referred to as contributory negligence to stop the plaintiff from claiming damages. Statute of limitations If someone else's negligence or reckless disregard for your safety cause you to be injured or suffer injury, the law allows a limited amount of time to bring a lawsuit, referred to as the statute of limitations. This limit, set by the legislature of the state, is intended to encourage timely filing and prevent excessive delay. The time period for filing a claim differs from state to state and for different types of injuries to the next. For instance, in Pennsylvania personal injuries such as car accidents, you generally have two years from the date of the accident to make an action. However, certain claims could be subject to what is called the discovery rule. This means that the statute of limitations doesn't start until the injury is discovered or should have been discovered. In other circumstances that involve intentional torts, including assaults or false imprisonment, defamation and deliberate infliction or damage to emotional distress the statute of limitation is extended. The statute of limitations may be exempted or tolled in some situations, for instance when a minor is involved, or the person is serving in the military or in a prison. If you try to file a suit after the statute of limitations has expired, your case could be dismissed without hearing. It is therefore crucial to consult with an experienced attorney for injury before the statute runs out. Damages Many of the expenses that result from an injury come with a price. Special damages include medical expenses, out-of-pocket costs, lost wages and the cost of fixing or replacing your property, in addition to other fixed amounts. The law does not limit the amount of special damages you can claim. Other losses don't have an associated price and may be difficult to calculate like pain and suffering, loss of enjoyment from life, and other intangible harms. In determining a dollar amount for personal losses such as emotional distress or physical pain can be difficult but lawyers and insurance companies utilize formulas to determine the value of the amount. For instance, a plaintiff in a personal injury lawsuit for whiplash could have sustained serious injuries that have caused many pains and discomfort to their daily lives. They might need to seek assistance with household chores, have a different diet, and not be able to enjoy social or engaging in recreational activities. The victim might suffer an impairment in enjoyment, which could be compensated as general damages. To determine the value of a claim for general damages, lawyers and insurers typically begin by calculating the total for medical special damages and add on the value of any income losses. They then multiply this amount by a number between 1.5 and 5. The higher multipliers are generally associated with more serious injuries. Liability In law it is a matter of liability. It refers to the person found to be responsible for harm or injury. This could be due to strict liability or negligence. Most claims for injuries are based upon the idea of negligence. Negligence is the failure to exercise with reasonable care under the circumstances. The jury determines what an ordinary person in similar circumstances would do and then decides if defendant's actions and inactions violated the law. Some injury cases are solely based on strict liability. For example, when defective products are the cause of injury. Victims could also be entitled to compensation, in addition to economic damages, for non-economic losses such as discomfort and pain. It is difficult to value these damages however, our injury attorneys are adept at maximizing the value of your claim. The majority of personal injury lawsuits involve a single plaintiff versus several defendants but some are multi-plaintiff suits like class actions and mass torts. One or more of these plaintiffs could be a corporation such as a pharmaceutical company or an insurance company or it could be another individual who shares your. In these types of cases, multiple parties can be held responsible based on the evidence presented by each plaintiff and the results of a thorough investigation. If you've suffered injuries due to someone else's negligence or wrongdoing, contact us right away to discuss your case.