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What Is Injury Law Lawsuits involving injury focus on civil wrongs that can cause harm to your body emotions and mind The aim of an injury lawsuit is to recover monetary compensation for damages like medical bills suffering and pain It is difficult to avoid injuries but you must take every precaution to protect yourself For instance if you are likely to fall backwards try to rotate your head and block it with your arms Negligence Anyone who has suffered injuries or other injuries as a result negligence of another can sue for negligence and seek financial compensation To prove their case the plaintiff will need to establish four elements such as breach of duty causation and damages Negligence is the failure to behave in a manner that an ordinary person would under similar circumstances For example a driver must adhere to traffic laws in order to prevent accidents and harm to others on the road Doctors have a responsibility to provide patients with the care that a similarly qualified medical professional would offer in similar circumstances A lawyer may utilize expert testimony to prove that the defendants conduct was in line with industry standards To prevail in a negligence case the plaintiff has to prove that the defendants breach of duty was a direct cause for their injury This is known as legal causation A good personal injury lawyer will argue that the defendants actions were the sole cause of the plaintiffs injuries The plaintiff must show that their injuries resulted in tangible financial loss including medical bills and lost income Gross negligence is a more serious type of negligence since it is a complete disregard for the safety of others Gross negligence is when a nursing facility does not change the bandages on the patient for a number of days In some states defendants can use a defense called contributory negligence to stop the plaintiff from claiming damages Statute of limitations When someone elses negligent actions or reckless disregard for your safety causes injury to you the law provides an period of time to make a claim also known 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 frame for filing a claim is different from state to state and also for different types of injuries to the next For instance the case of Pennsylvania personal injury cases such as car accidents you typically have two years from the date of the accident to file claims However some claims may be subject to whats known as the discovery rule This means that the time limit for filing a claim does not start until your injury is discovered or should have been discovered In other circumstances such as those involving intentional torts such as assaults or defamation false imprisonment and intentional infliction of emotional distress the statute of limitations is extended It is also possible for a statute of limitations to be waived or tolled like in the case of an individual who is a minor or who is in prison or on military duty If you try to file a lawsuit after the statute of limitations has expired the case will be dismissed without being heard injury law firm springdale is why its crucial to consult an experienced injury attorney well before the time when the statute of limitations runs out Damages Many of the costs that result from an injury come with a price These are referred to as special damages and may include medical expenses outofpocket expenses lost wages the cost to repair or replace your property and other fixed amounts The law does not restrict the amount of special damages you can claim Other losses are more difficult to quantify including suffering and pain and loss of enjoyment of life and other intangible harms It is difficult to determine a dollar value for the subjective loss of physical or emotional pain can be challenging however attorneys and insurance companies employ formulas to measure the amount For instance a plaintiff in a personal injury case for whiplash may have suffered serious injuries that cause many pains and stress to their daily life They might have to seek assistance with household chores eat differently and may be unable to participate in social or engaging in recreational activities The victim could experience a loss of enjoyment and this is recoverable as general damages To determine the value of a claim for general damages attorneys and insurance companies usually start with calculating the total for medical special damages They then add on the value of any income losses Then they multiply this amount by a number between 15 and 5 The more severe injuries usually result in higher multipliers Liability In law liability refers to the person who is responsible for an injury or harm It could be due to negligence or strict liability The concept of negligence is the basis for most injury claims Negligence means that you have failed to act with a reasonable degree of care in the particular circumstances The jury determines what an ordinary person in similar circumstances would do and then decides if the defendants actions or omissions violated the law Some cases involving injuries are based solely on strict liability For instance if defective products are the reason for injuries Victims may also be entitled to compensation in addition to economic damages as well as noneconomic losses such as discomfort and pain It is difficult to value these damages however our injury attorneys are skilled in maximizing your claims value Some personal injury lawsuits are multiplaintiff cases that include mass torts or class actions One or more plaintiffs could be a corporation such as a pharmaceutical company or an insurance company or it could be another individual who shares your In these cases several parties may be held responsible depending on the evidence offered by each plaintiff and the findings of an investigation If you were injured by someone elses negligence or wrongdoing Contact us as soon as possible to discuss your case