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What Is Injury Law? Injury law deals with civil wrongs that could cause harm to your body, mind and emotions. The goal of a successful injury lawsuit is to collect monetary compensation for damages like medical bills and pain and suffering. It is difficult to avoid injuries like this, however it is important to ensure you are protected as much as possible. For example, if you are going to fall backwards, turn your head around and protect it with your arms. Negligence A person who has suffered injuries or other losses due to the negligence of another person can sue for negligence and seek financial compensation. The plaintiff must first prove four elements to prove their case: breach of duty, breach or breach of duty, causation or damages. Negligence is defined as a person's inability to behave with the same level of care reasonable prudent people would be expected to exercise in similar circumstances. For example, a driver must adhere to traffic laws to avoid accidents and injury to other people on the road. A doctor is required to treat patients in the same way that an individual with similar training would do under similar circumstances. A lawyer may employ expert testimony to show that the defendant's conduct was below industry standards. To prevail in a negligence case, the plaintiff has to prove that the defendant's failure to perform their duty was a direct cause of their injuries. This is known as legal causation. A good 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 have caused real financial losses, such as lost income and medical bills. Gross negligence is the most serious type of negligence in that it involves a complete disregard for the safety of others. Gross negligence occurs the case when a nursing home fails to change bandages on the patient for several days. In certain states, defendants can use a defense known as contributory negligence to stop the plaintiff from claiming damages. Statute of limitations The statute of limitations is the amount of time that you have to file a claim if someone negligence or reckless disregard of your safety causes harm. 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 can vary from state to state and also depending on the type of injury. In Pennsylvania, for example car accidents allow for two years to file a personal injury claim. However, injury law firm somerville may be subject to what is known as the discovery rule, meaning that the statute of limitations will not begin until your injury is discovered or should have been discovered. In certain circumstances, such as cases involving intentional torts such as assaults and false imprisonment, as well as defamation, and intentional infliction of emotional distress, the limitation period can be extended. A statute of limitations could be exempted or tolled in some circumstances, like when minors are involved or a person is on military duty or incarcerated. If you attempt to file a suit after the statute of limitations has expired, your case may 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 A lot of the expenses related to an injury have costs. Special damages include medical expenses, out-of-pocket expenses, lost wages and the cost of the repair or replacement of your property, as well as other fixed amounts. The law does limit the amount you can recover from special damages. Other losses are more difficult to quantify, like suffering and pain, loss in enjoyment of life, and other non-tangible harms. Putting a dollar amount on personal losses such as emotional distress or physical pain can be challenging however, attorneys and insurance companies make use of formulas to attempt to quantify them. For instance, a plaintiff in a personal-injury case for whiplash could have sustained serious injuries that have caused a lot of pain and stress to their daily lives. They may have to seek assistance with household chores, change their diet, and not be able to enjoy social or participating in recreational activities. The victim might suffer a loss of enjoyment, which could be compensated as general damages. To estimate the value of 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. Then, they will multiply this number by a number between 1.5 and 5. More powerful multipliers are typically associated with more severe injuries. Liability In law, the term “liability refers to a party who is found liable for injury or harm. It could be due to negligence or strict liability. The concept of negligence is the basis for a majority of injury claims. Negligence means that you have failed to act with a reasonable degree of diligence in the circumstances. The jury decides what reasonable people in similar circumstances would have done and then decides if defendant's actions or inactions violated the law. Some injury cases are based solely on strict liability. For instance, if defective products are the cause of injuries. Victims may also be entitled to compensation in addition to economic damages, for non-economic losses like pain and discomfort. The amount of these damages can be difficult to estimate, but our experienced lawyers for injury are adept in maximizing the value your claim. Some personal injury lawsuits involve multi-plaintiffs that include class actions or mass torts. The plaintiffs could be companies, such as insurance companies or a pharmaceutical firm, or they could be individuals like you. In these kinds of situations, multiple parties can be held liable depending on the evidence provided by each plaintiff as well as the results of a thorough investigation. Contact us immediately if are injured due to another's negligence or wrongdoing.