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What Is Injury Law The law of injury focuses on civil wrongs that can cause harm to your body mind and even your emotions The aim of an injury lawsuit is to collect monetary compensation for damages like medical bills and suffering and pain Its hard to avoid injuries but you must take every precaution to protect yourself For instance if are going to fall backwards try to rotate your head and block it by using your arms Negligence Anyone who suffers injuries or other losses as a result of an act of negligence by another person can file a negligence suit and pursue financial compensation But the plaintiff must first prove four elements to establish their claim breach of duty of duty causation and damages Negligence is defined as the inability to exercise the level of care that a reasonably prudent person would have in similar situations A driver for instance should obey traffic laws to prevent injuries or accidents to other road users A doctor must treat patients in the same manner that an individual with similar training would in similar circumstances A lawyer may utilize expert testimony to prove that the defendants behavior fell below the standards of industry To win a negligence claim the plaintiff has to prove that the defendants failure to perform their duty was a direct cause of their injury This is called legal causation and a good personal injury attorney will claim that the actions of the defendant were the sole possible reason for their injuries The plaintiff must demonstrate that their injuries caused an unjustifiable financial loss such as medical bills and loss of income Gross negligence is a more serious form of negligent behavior because it entails total disregard for the safety of others Gross negligence occurs when a nursing home does not change the bandages on patients for a period of time In some states defendants can use a defense known as contributory negligence to prevent the plaintiff from seeking damages Statute of Limitations The statute of limitations is the time limit in which you are required to submit a claim when someone elses negligence or reckless disregard of your safety causes harm This limitation set by the legislature of the state is designed to encourage speedy filing and avoid unreasonable delays The time frame for filing a claim differs between states and also according to the type of injury For instance in Pennsylvania personal injuries such as car accidents you typically have two years from the date of the accident to file a claim However certain claims could be subject to the discovery rule This means that the statute of limitations does not begin until the injury is discovered or should have been reasonably discovered In certain circumstances such as those involving intentional torts such as assaults and false imprisonment and defamation and intentional infliction emotional distress the limitations period can be extended A statute of limitation can be waived or tolled in specific cases such as when a minor is involved or an individual is on military duty or in a prison If you decide to file a lawsuit after the statute of limitations has expired your lawsuit could be dismissed without hearing Therefore it is important to speak with an experienced injury lawyer prior to when the statute runs out Damages Many of the costs associated with injuries come with the price tag These are referred to as special damages and may include medical expenses outofpocket expenses lost wages the cost of repairing or replace your property and other fixed sums The law does not limit the amount of these damages that you can seek Other losses dont carry any price and can be difficult to quantify such as suffering and pain loss of enjoyment in life and other intangible damages In determining a dollar amount for the subjective loss of emotional distress or physical pain can be challenging but attorneys and insurance companies make use of formulas to attempt to quantify these losses For instance a defendant in a personal injury case for whiplash might have suffered serious injuries that cause many pains and difficulty to their daytoday lives They might be required to seek assistance with household chores have a different diet and avoid socializing or enjoying leisure activities The victim may suffer an impairment in enjoyment which can be recouped as general damages To estimate the amount of a claim for general damages attorneys or insurers typically begin by calculating the total of medical special damages They then add the value of any income loss Then they will multiply this by a figure between 15 and 5 More severe injuries generally result in higher multipliers Liability In law it is a matter of liability It refers to the person found to be responsible for harm or injury It could be due to negligence or strict liability The concept of negligence is the basis for most lawsuits involving injuries Negligence involves failing to act with a reasonable degree of care in the particular circumstances The jury decides what an ordinary person in similar circumstances would do and then decides if the defendants actions and inactions violated this standard Certain injury cases are solely based on strict liability For example when a defective product is the cause of injuries In addition to damages for economic losses victims could be entitled to compensation for noneconomic losses such as pain and suffering The amount of these damages is hard to determine but our experienced injury lawyers are skilled in maximizing the value your claim The majority of personal injury lawsuits involve a single plaintiff against multiple defendants but there are some that are multiplaintiff cases like class actions or mass torts injury lawyer sandy or more of these plaintiffs could be an entity such as a pharmaceutical firm or an insurance company or it could be another individual who shares your In these cases multiple parties may be held responsible according to the evidence presented by each plaintiff and the findings of an investigation If you were injured by the negligence of someone else or due to a wrongdoing and you are injured call us immediately to discuss your case