coathope75
User Name: You need to be a registered (and logged in) user to view username.
Total Articles : 0
What Is Injury Law Lawsuits involving injury focus on civil violations that could cause damage to your body mind and even your emotions The goal of a successful lawsuit is to recover the amount of money you paid for damages like medical bills discomfort and pain It is difficult to avoid injuries but you should take every precaution to protect yourself For instance if are likely to fall backwards you should turn your head and shield it by your arms Negligence Someone who suffers injury or other losses due to negligence of anothers can file a negligence suit and seek financial compensation To establish their case the plaintiff will need to prove four things such as breach of duty causation and damages Negligence is when a person fails to act in a manner that reasonable people would do in similar circumstances For example a motorist must follow traffic laws in order to prevent accidents and harm 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 make use of expert testimony to prove that the defendants conduct was below the standards of industry To prevail in a negligence case the plaintiff must prove that the defendants breach of duty was the direct cause of their injuries This is referred to as legal causation A good personal injury lawyer will argue that the defendants actions were the sole reason for the plaintiffs injuries The plaintiff must prove that their injuries have resulted in an actual financial loss like medical bills and loss of income A more serious form of negligence is gross negligence which involves an unintentional disregard for others safety Gross negligence occurs when a nursing house is not able to change bandages for a patient for several days In certain states defendants can use a defense referred to as contributory negligence in order to keep the plaintiff from claiming damages Statute of Limitations If the negligent actions of another or reckless negligence for your safety cause you to suffer injury in a legal way the law grants you the victim with a certain amount of time to make a claim also known as the statute of limitations This time frame is set by the states legislature to make sure that lawsuits are filed on time and to avoid unreasonable delays The time frame for filing a claim is different from states to states and from one type of injury to the next In Pennsylvania for example car accidents can take two years to file a personal injury lawsuit Nevertheless certain claims may be subject to the discovery rule This means that the statute of limitation is not set until the injury is discovered or at least should have been discovered In some cases like ones involving intentional crimes such as false imprisonment and assaults as well as defamation and the intentional infliction of emotional distress the limitation period is longer The statute of limitations may be extended or waived in certain cases such as when minors are involved or an individual is on military duty or in jail If injury law firm minneapolis try to make a claim after the statute of limitations has expired the case will be dismissed without hearing This is why it is crucial to consult an experienced injury attorney well before the time when the statute of limitations expires Damages Many of the costs associated with injuries come with the price tag These are known as special damages and can include medical expenses out of pocket costs lost wages the cost of repairing or replace your property and other fixed amounts The law does not limit the amount of specific damages you can claim Other losses dont come with a price tag and can be difficult to calculate including the suffering and pain the loss of enjoyment of life and other harms that are intangible It can be difficult to put a value on subjective losses such as physical or emotional discomfort however insurance companies and attorneys use formulas to quantify them A person who is the plaintiff in a whiplash case for example might have suffered serious injuries that affect their daily life They might be required to seek assistance with household chores eat differently and avoid socializing or participating in recreational activities The victim may suffer a loss of enjoyment which can be recovered as general damages To estimate the value for an action for general damages lawyers or insurance companies typically begin by calculating total of medical special damages They then add the value of any lost income Then they multiply this amount by a number between 15 and 5 The more severe injuries typically result in more multipliers Liability In law the word liability refers to the person who is held liable for harm or injury This could be due negligence or strict liability The concept of negligence is the basis for most lawsuits for injuries Negligence is the act of not acting with a reasonable amount of care under the circumstances Jurors determine what a reasonable person would have done in similar circumstances and decide if the defendants actions or inaction violated this standard Some injury cases are based solely on strict liability For example when an unsafe product is the cause of injury Victims may also be entitled to compensation in addition to economic damages in the event of noneconomic damages like discomfort and pain The amount of these damages is hard to quantify but our experienced lawyer for injuries are adept in maximizing the value your claim The majority of personal injury lawsuits pit one plaintiff versus several defendants but some are multiplaintiff suits such as class actions and mass torts These plaintiffs can be corporations such as insurance companies or a pharmaceutical company or they could be individuals such as you In these cases several parties could be held accountable based on the evidence presented by each plaintiff and the outcome of a thorough investigation Contact us immediately if have been injured by anothers negligence or wrongdoing