What Is The Reason Injury Lawyer Is The Right Choice For You?

What Is Injury Law?

The law of injury deals with civil wrongs which can damage your body, mind and emotions. The aim of an injury lawsuit is to collect money for damages like medical bills and suffering and pain.

It's hard to avoid injuries such as this, but it's important to be as safe as you can. For example, if you are likely to fall backwards, turn your head around and protect it with your arms.

Negligence

A person who suffers injuries or other losses as a result of an act of negligence by another person can file a negligence suit and seek financial compensation. To establish their case, the plaintiff must establish four elements that are: breach of duty, causation, and damages.

Negligence is defined as the failure to act with the same level of care reasonable people would have in similar circumstances. A driver, for instance must obey traffic laws to prevent accidents or harm to other road users. A doctor has a duty to give patients the same level of care that a similarly qualified medical professional would provide in similar situations. Lawyers can utilize expert testimony to prove that the defendant's conduct was short of the industry standards.

To prevail in a negligence case, the plaintiff must demonstrate that the defendant's failure to perform their duty was a direct cause of their injury. This is referred to as legal causation. A reputable personal injury lawyer will argue that the defendant’s actions were the sole reason for the plaintiff's injuries.

The plaintiff must show that their injuries caused an identifiable financial loss, for example medical bills or lost income. Gross negligence is a more serious form of negligent behavior in that it involves total disregard for the safety of others. Gross negligence is when a nursing house is not able to change bandages for patients for a period of time. In certain states, defendants may use a defense called contributory negligence to block the plaintiff from claiming damages.

Statute of Limitations

If someone else's negligence or reckless negligence for your safety cause you to be injured in a legal way, the law grants you the victim with a certain amount of time to bring a lawsuit, referred to as the statute of limitations. This limit is determined by the legislature of the state to ensure timely filing and avoid unreasonable delays.

The time period for filing a claim can vary from one state to another and also according to the type of injury. In Pennsylvania, for example, car accidents can take two years to file a personal injury lawsuit. However, certain claims could be subject to the discovery rule. This means that the statute of limitations doesn't begin until the injury is discovered or at least, should have been discovered.

In some cases, like those involving intentional torts such as assaults and false imprisonment, as well as defamation, and intentional infliction of emotional distress, the limitations period can be extended. It is also possible for a statute of limitation to be tolled or waived, for instance, in the case of a minor or an individual who is detained or on military duty.

If you attempt to file a lawsuit after the statute of limitation has expired, your case could be dismissed without hearing. This is why it's essential to consult an experienced attorney for injury before the statute of limitations expires.

Damages

Many of the costs associated with an injury come with costs. These are known as special damages and may include medical expenses, out of pocket costs, lost wages, the cost to repair or replace your property, and other fixed sums. The law does not restrict the amount of special damages that you can seek.

Other losses do not have any price and can be difficult to quantify like the pain and suffering, loss of enjoyment from life, and other harms that are intangible. It can be difficult to put a value on subjective losses such as emotional distress or physical discomfort however insurance companies and attorneys use formulas to quantify their losses.

For example, a plaintiff in a personal-injury case for whiplash may have suffered significant injuries that cause a lot of pain and stress to their daily lives. They may need help with chores around the home, eat differently, and miss out on recreational activities or spending time with family. The victim may suffer an impairment in enjoyment, that can be compensated through general damages.

To determine the value of a claim of general damages, attorneys or insurers usually start by calculating the total of medical special damages. They then add the value of any lost income. Then, they multiply this number by a number between 1.5 and 5. More severe injuries generally result in greater multipliers.

Liability

In law liability refers to the person who is accountable for an injury or harm. This could be due to negligence or strict liability. The concept of negligence is the basis for a majority of lawsuits for injuries. Negligence is the act of not acting with a reasonable amount of care under the circumstances. The jury decides what reasonable people in similar circumstances would have done and then decides if defendant's actions and inactions violated this standard. However, some injury cases are determined by strict liability, such as when a defective product results in injuries.

Victims may also be entitled to compensation in addition to the economic damages, for non-economic losses such as pain and discomfort. The amount of these damages is difficult to place a value on but our expert injury lawyers are skilled in maximizing the value your claim.

The majority of personal injury lawsuits involve a single plaintiff against multiple defendants, however there are also multi-plaintiff lawsuits like class actions and mass torts. These plaintiffs can be companies, such as an insurance company or pharmaceutical company or they could be individuals just like you. In these situations, several parties could be held accountable based on the evidence submitted by each plaintiff and the results of an investigation. If you were injured by the negligence of someone else or due to a wrongdoing and you are injured, call us immediately to discuss your case.