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What Is Injury Law? The law of injury is focused on civil wrongs that can cause damage to your body, mind, and even your emotions. The purpose of an injury lawsuit is to recover the financial compensation you deserve for damages such as medical bills, pain and suffering. It's not easy to avoid injuries like this, but it's essential to take precautions as much as possible. If you're about to fall forward, turn your head to protect it, and then use your arms. Negligence Anyone who has suffered injuries or other losses due to another's negligence can file a lawsuit for negligence and seek financial compensation. To prove their case the plaintiff will need to establish four elements: duty, breach of duty, causation, and damages. Negligence is defined as a person's failure to act with the same level of care reasonable people would have in similar situations. A driver, for instance must obey traffic laws to avoid accidents or harm to other road users. A doctor is obliged to provide patients with the kind of care similar to that a similarly trained medical professional would give in similar circumstances. A lawyer can make use of expert testimony to prove that the defendant's behavior fell in line with industry standards. To prevail in a negligence lawsuit the plaintiff must show that the breach by the defendant was the direct cause of the injury. This is referred to as legal causation, and a skilled personal injury lawyer will argue that the defendant's actions were the only possible reason for their injuries. The plaintiff has to prove that their injuries caused an unjustifiable financial loss, for example medical bills or loss of income. The most serious type of negligence is gross negligence, which entails the complete lack of concern for others' safety. Gross negligence is the case when a nursing home does not change bandages on patients for a period of time. In certain states, defendants may use a defense called contributory negligence to prevent the plaintiff from claiming damage. Statute of Limitations The statute of limitations is the time period which you must submit a claim when someone else's negligence or reckless disregard of your safety causes harm. This limit is established by the state legislature to encourage timely filing and to prevent unreasonable delays. The time period for filing a claim differs from states to states and from one type of injury to the next. For instance in Pennsylvania personal injury cases, such as car accidents, you generally have two years from the date of the accident to file a claim. However, injury lawyer aurora could be subject to what's known as the discovery rule. This means that the statute of limitations doesn't start 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 emotional distress, the limitation period is longer. A statute of limitations can be waived or tolled in certain situations, for instance when a minor is involved, or someone is serving in the military or in prison. If you try to file a lawsuit 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 runs out. Damages Many expenses associated with injuries come with the price tag. Special damages can include medical expenses, cost-out-of-pocket, lost wages and the cost of fixing or replacing your property, in addition to other fixed costs. The law does not limit the amount of these damages you are able to recover. Other losses do not have an associated price and may be difficult to calculate such as suffering and pain, loss of enjoyment of life and other harms that are intangible. It can be difficult to determine a dollar value on subjective losses like physical or emotional pain however lawyers and insurance companies use formulas to quantify these losses. For instance, a defendant in a personal-injury case for whiplash could have sustained serious injuries that cause plenty of pain and difficulty to their day-to-day life. They might have to seek help with household chores, eat differently and may be unable to participate in social or engaging in recreational activities. The victim could suffer the loss of enjoyment that can be compensated through general damages. To estimate the value of an action for general damages, attorneys or insurers typically begin by calculating the total of medical special damages. They then add the value of any lost income. Then, they multiply this by a number between 1.5 and 5. The more severe injuries usually result in higher multipliers. Liability In law it is a matter of liability. It refers to the person found to be responsible for an injury or harm. This could be due to negligence or strict liability. The majority of claims for injuries are based upon the concept of negligence. Negligence is the act of not acting in a reasonable manner and with diligence in the circumstances. The jury will determine what an ordinary person in similar circumstances would do and then decides if defendant's actions and inactions violated the law. However, some injury cases are built on strict liability, like when 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 is difficult to value these damages however, our injury lawyers are experienced in maximizing the value of your claim. Most personal injury lawsuits involve a single plaintiff versus several defendants but some are multi-plaintiff suits such as class actions and mass torts. One or more plaintiffs could be a corporate entity like a pharmaceutical company or an insurance company or it could be an person who is similar to you. In these types of cases, several parties could be held accountable based on the evidence provided by each plaintiff as well as the results of an investigation. If you've suffered injuries due to someone else's negligence, or wrongdoing Contact us as soon as possible to discuss your case.