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What Is Injury Law? Injury law focuses on civil offenses that cause harm to your body mind, and even your emotions. The goal of a successful lawsuit is to get compensation for damages, such as medical bills and discomfort and pain. It is difficult to avoid injuries, but you must take every precaution to protect yourself. For instance, if will fall backwards, you should rotate your head and block it by using your arms. Negligence A person who suffers injuries or other losses as a result of the negligence of another can file a negligence lawsuit and seek financial compensation. But, the plaintiff must first prove four elements to establish their claim: breach of duty causation, damages and breach of duty. Negligence is defined as a person's inability to act with the same level of care reasonable prudent people would have in similar situations. A driver, for instance, should obey traffic laws to avoid accidents or harm to other road users. A doctor is obliged to provide patients with the care equivalent to what a similarly trained medical professional would offer in similar circumstances. A lawyer can use expert testimony to prove that the defendant's conduct was in line with industry standards. In order to win a claim for negligence the plaintiff must prove that the defendant's breach of duty was a direct cause of their injuries. injury law firm alhambra is referred to 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 demonstrate that their injuries caused an identifiable financial loss, such as medical bills or loss of income. Gross negligence is a more serious form of negligence since it is an unintentional disregard for the safety of others. Gross negligence is the case when a nursing home fails to change bandages on a patient for several days. In some states, defendants can use a defense called contributory negligence to prevent the plaintiff from claiming damages. Statute of Limitations The statute of limitations is the amount of time which you must submit a claim when someone else's negligence or reckless disregard of your safety results in harm. This limit is set by the state's legislature to ensure timely filing and avoid unreasonable delays. The time period for filing a claim differs from state to state and depending on the type of injury to the next. In Pennsylvania for instance car accidents are covered for two years to file a personal injury claim. Nevertheless, certain claims may be subject to the discovery rule. This means that the statute of limitation does not start until the injury is discovered or could have been reasonably discovered. In some cases, like those involving intentional torts such as assaults and false imprisonment, as well as defamation and intentional infliction emotional distress, the limitation period is extended. A statute of limitations could be exempted or tolled in some situations, for instance when minors are involved, or an individual is serving in the military or incarcerated. If you decide to bring a lawsuit after the deadline for filing a lawsuit has passed, your case will be dismissed without hearing. It is therefore crucial to consult with an experienced injury lawyer well before the statute runs out. Damages Many costs related to injuries come with cost. These are referred to as special damages. They can include medical expenses, out of pocket costs, lost wages the cost to repair or replace your property, and other fixed amounts. The law does limit the amount you can claim in special damages. Other losses are hard to quantify, such as pain and suffering and loss of enjoyment of life, and other non-tangible harms. Putting a dollar amount on the subjective loss of emotional distress or physical discomfort can be difficult however, attorneys and insurance companies make use of formulas to determine the value of the amount. For instance, a person who is a plaintiff in a personal injury suit for whiplash may have suffered serious injuries that have caused lots of pain and a lot of difficulty in their day-to-day life. They may need help with chores around their home, eat in a different way and may miss out on leisure events or gatherings with friends. The victim could suffer an impairment in enjoyment, that can be compensated through general damages. To estimate the value for a claim 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. They then multiply that number by a number ranging from 1.5 to 5. Higher multipliers are usually associated with more severe injuries. Liability In law, the word “liability” is a term used to describe a person who is held accountable for an injury or harm. This can be due to negligence or strict liability. Most claims for injuries are based upon the notion of negligence. Negligence means that you have failed to act with a reasonable degree of care in the particular circumstances. Jurors consider what an average person would have done in similar circumstances and decide if the defendant's act or inaction broke this standard. However, certain injury cases are built on strict liability, like the case where a defective product causes injuries. In addition to the damages for economic losses, victims could be entitled to compensation for non-economic losses like suffering and pain. It's difficult to quantify these damages, but our injury lawyers have the experience to maximize the value of your claim. Some personal injury lawsuits involve multi-plaintiffs which include class actions or mass torts. One or more of these plaintiffs could be an entity like a pharmaceutical company or an insurance company, or it could be another person like you. In these cases, multiple parties may be held responsible depending on the evidence provided by each plaintiff and the findings of an investigation. Contact us immediately if you were injured by someone else's negligence or wrongdoing.