What Is Injury Law? Injury law is concerned with civil wrongs which can harm your mind, body and even your emotions. The aim of a successful lawsuit is to get compensation for damages, such as medical bills and pain and discomfort. It's difficult to avoid injuries such as this, but it's essential to ensure you are protected as much as you can. If you're about to fall forward, you should turn your head to protect it, and use your arms to help. Negligence Someone who has suffered injuries or other injuries as a result the negligence of another person can file a lawsuit for negligence and seek financial compensation. To establish their case, the plaintiff will need to establish four elements that are: breach of duty, causation and damages. Negligence is the failure to behave in a manner that reasonable people would act under similar circumstances. A driver, for example must obey traffic laws to prevent accidents or harm to other road users. A doctor is required to treat patients in the same way that a medical professional with similar training would in similar circumstances. A lawyer can also use expert testimony to demonstrate that the defendant's conduct was in line with industry standards. To win a negligence claim, the plaintiff has to prove that the defendant's breach of duty was the direct cause for their injury. This is known as legal causation, and a skilled personal injury attorney will claim that the actions of the defendant were the only possible cause of their injuries. The plaintiff has to prove that their injuries resulted in a verifiable financial loss, such as medical bills and lost income. A more serious type of negligence is gross negligence, which is an absolute lack of concern for others' safety. Gross negligence occurs when a nursing house does not change bandages on the patient for a number of days. In certain states, defendants can use a defense known as contributory negligence to bar the plaintiff from seeking damages. Statute of limitations The statute of limitations is the time period that you must file a claim if someone else's negligence or reckless disregard of your safety causes you harm. The statute of limitations, as set by the legislature of the state, is designed to encourage speedy 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 file a claim. However, certain claims could be subject to what is called the discovery rule. This means that the time limit for filing a claim does not begin until the injury has been discovered or should reasonably have been discovered. In certain cases, such as ones involving intentional crimes such as false imprisonment and assaults as well as defamation and intentional infliction emotional distress, the limitation period is extended. It is also possible for a statute of limitation to be waived or tolled, such as in the instance of minors or individuals who is detained or on military duty. If you try to start a lawsuit after the deadline for filing a lawsuit has passed, your case will be dismissed without hearing. This is why it's important to speak with an experienced injury attorney well before the time when the statute of limitations expires. Damages Many expenses associated with injuries come with cost. These are known as special damages. They could include medical expenses, out of pocket costs, lost wages the cost of repairing or replace your property and other fixed sums. The law does not limit the amount of specific damages you can claim. Other losses are more difficult to quantify, for instance pain and suffering or loss of enjoyment life, and other intangible harms. It isn't always easy to put a value on subjective losses, such as physical or emotional pain, but lawyers and insurance companies make use of formulas to quantify their losses. For instance, a defendant in a personal-injury case for whiplash could have sustained serious injuries that have caused plenty of pain and stress to their daily lives. They may have to seek assistance with chores around the home, eat differently, and may miss out on leisure activities or a social gathering with their family. The victim might experience an impairment in enjoyment and this is recoverable as general damages. To estimate the value for a claim of general damages, lawyers or insurance companies usually start by calculating the total of medical special damages. They then add the value of any lost income. They will then multiply this figure by a range of numbers ranging from 1.5 to 5. The more severe injuries typically result in more multipliers. Liability In law, the word "liability" is a term used to describe a person who is held liable for an injury or harm. This can be due either to strict liability or negligence. Negligence is the basis for a majority of injury claims. Negligence is the failure to act with reasonable care in the circumstances. The jury will determine what an ordinary person in similar circumstances would have done and then decides whether the defendant's actions or inactions were in violation of this standard. However, some injury cases are founded on strict liability, like when a defective product results in injuries. Victims may also be entitled to compensation in addition to damages for economic loss in the event of non-economic damages such as pain and discomfort. The amount of these damages can be difficult to determine but our expert lawyers for injury are adept at maximizing the value of your claim. Most personal injury lawsuits pit one plaintiff against a number of defendants, however there are also multi-plaintiff lawsuits like class actions or mass torts. One or more of these plaintiffs could be a corporate entity like a pharmaceutical company or an insurance company or it could be another person who is similar to you. In these cases, several parties may be held responsible depending on the evidence offered by each plaintiff and the findings of an investigation. Contact us immediately if you have been injured by another's negligence or wrongdoing.