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What Is Injury Law? The law of injury focuses on civil infringements that could cause harm to your body, emotions and mind. The aim of an injury lawsuit is to recover monetary compensation for damages like medical bills, pain and suffering. It's difficult to avoid such injuries, but you should be sure to safeguard yourself as much as you can. If you're likely to fall forward, you should turn your head to shield it, and use your arms to help. Negligence A person who has sustained injuries or other damages as a result of another's negligence can sue for negligence and seek financial compensation. To prove their case, the claimant will need to establish four elements including breach of duty, causation and damages. Negligence is defined as a person's inability to behave with the same level of care reasonable and prudent people have in similar situations. For instance, a driver must follow traffic laws to avoid accidents and injury to others on the road. A doctor has a duty to provide patients with the same care equivalent to what a similarly trained medical professional would give in similar situations. A lawyer may also rely on expert testimony to demonstrate that the defendant's behavior was below industry norms. In order to win a negligence case, the plaintiff must prove that the breach by the defendant was the sole cause of the injury. This is called legal causation. A good personal injury attorney will argue that the defendant's actions were the sole possible cause of their injuries. The plaintiff must prove that their injuries caused an actual loss of money including lost income and medical bills. A more serious form of negligence is gross negligence. It involves the complete lack of concern for others' safety. Gross negligence occurs when a nursing home does not change the bandages on the patient for a number of days. In some states, defendants are able to use a defense called contributory negligence to bar the plaintiff from seeking damages. Statute of limitations If the negligence of someone else or careless disregard for your safety causes injury to you, the law provides a limited amount of time to file a lawsuit, called the statute of limitations. This limit is set by the state's legislature to encourage timely filing and prevent unreasonable delays. The statute of limitations varies from state to state, and from one type of injury 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 make a claim. However, certain claims could be subject to what's called the discovery rule, which means that the statute of limitations doesn't start until the injury is discovered or should have been discovered. In some cases, like those involving intentional torts such as assaults and false imprisonment and defamation, and intentional infliction of emotional distress, the limitation period is longer. It is also possible for a statute of limitation to be tolled or waived, like in the case of minors or a person who is in prison or on military duty. If you decide to file a suit after the statute of limitations has expired, your case could be dismissed without hearing. Therefore, it is important to talk to an experienced injury lawyer well before the statute of limitations expires. Damages Many of the costs associated with injuries come with cost. These are known as special damages and can include medical expenses, out of pocket costs, lost wages, the cost to repair or replace your property, and other fixed costs. The law limits the amount you can claim in special damages. injury law firm new haven are harder to quantify, including suffering and pain as well as loss of enjoyment life, as well as other intangible harms. The process of putting a dollar value on subjective losses such as physical or emotional pain can be a challenge, but attorneys and insurance companies employ formulas to try to quantify these losses. A person who is a plaintiff in a whiplash case, for instance might have suffered serious injuries that impact their daily lives. They may have to seek assistance with household chores, have a different diet, and not be able to enjoy social or engaging in recreational activities. The victim may suffer a loss of enjoyment, which can be recovered 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 then add the value of any income losses. They then multiply that number by a number ranging from 1.5 to 5. The more severe injuries usually result in more multipliers. Liability In law it is a matter of liability. It refers to the person found to be responsible for harm or injury. This can be due either to strict liability or negligence. The concept of negligence is the foundation of the majority of lawsuits involving injuries. Negligence is the failure to act with reasonable care in the circumstances. The jury considers what reasonable people in similar circumstances would do and decides if the defendant's actions and inactions violated the law. However, certain injury cases are determined by strict liability, such as when a defective product results in injuries. Victims could 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 quantify however, our skilled lawyers for injury are adept in maximizing the value of your claim. Some personal injury lawsuits involve multiple plaintiffs, such as mass torts or class actions. These plaintiffs can be companies such as insurance companies or a pharmaceutical company or they could be individuals just like you. In these cases, multiple parties could be held accountable depending on the evidence offered by each plaintiff and results of an investigation. If you were injured by someone else's negligence, or wrongdoing, contact us right away to discuss your case.