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What Is Injury Law? Injury law focuses on civil wrongs that can cause harm to your body the mind and your emotions. The aim of an injury lawsuit is to collect monetary compensation for damages like medical bills, suffering and pain. It's hard to avoid injuries, but it's important to take every precaution to protect yourself. If you're likely to fall forward, you should turn your head to protect it and use your arms. Negligence Someone who suffers injury or other losses as a result of an act of negligence by another person can file a negligence lawsuit and pursue financial compensation. But, the plaintiff must first prove four things to prove their claim: breach of duty, breach of duty, causation and damages. Negligence is defined as the inability to exercise the level of care that reasonable and prudent people have in similar circumstances. For example, a driver should obey traffic laws in order to avoid injuries and accidents to other people on the road. A doctor is required to treat patients in the same manner that an individual with the same training would in similar circumstances. A lawyer may use expert testimony to prove that the defendant's conduct was below industry standards. To prevail in a negligence lawsuit the plaintiff must show that the breach of the defendant was the sole cause of the injury. This is referred to as legal causation. A skilled personal injury attorney will claim that the actions of the defendant could be the sole cause of their injuries. The plaintiff has to prove that their injuries have resulted in a verifiable financial loss, such as medical bills or lost income. A more serious type of negligence is gross negligence, which involves a complete lack of concern for the safety of others. A nursing home that fails to change a patient's bandages after a few days is an example of gross negligence. In some states, defendants can use a defense called contributory negligence to prevent the plaintiff from claiming damages. Statute of limitations When someone else's negligent actions or reckless disregard for your safety causes you to suffer injury in a legal way, the law grants you a limited amount of time to bring a lawsuit, referred to as the statute of limitations. This time limit, set by the state legislature, is meant to encourage prompt filing and prevent excessive delay. The time limit for filing a claim varies between states and also according to the type of injury. In Pennsylvania for instance car accidents, for instance, you have two years to file a personal injury claim. Nevertheless, certain claims may be subjected 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 other circumstances which involve intentional torts, such as assaults, defamation, false imprisonment, and the deliberate 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 detained or on military duty. If you try to file a suit after the statute of limitation has been reached, your case may be dismissed without hearing. Therefore, it is important to consult a seasoned injury lawyer before the statute expires. Damages Many of the expenses that result from an injury come with costs. Special damages can include medical expenses, cost-out-of-pocket, lost wages and the cost of repair or replacement of your property, in addition to other fixed sums. The law limits the amount you can recover in special damages. Other losses are hard to quantify, for instance pain and suffering and loss of enjoyment of life, and other non-tangible harms. In determining a dollar amount for the subjective loss of physical or emotional discomfort can be difficult however, attorneys and insurance companies employ formulas to attempt to quantify these losses. A plaintiff in a sever whiplash case, for example, may have suffered serious injuries that affect their daily life. injury law firm merced may need help with chores around their home, eat differently, and miss out on recreational activities or a social gathering with their family. The victim could suffer an impairment in enjoyment, that can be compensated through general damages. To estimate the value for the claim of general damages, lawyers or insurers typically begin by calculating total of medical special damages. They then add the value of any income loss. Then, they will multiply this number by a number between 1.5 and 5. More powerful multipliers are typically associated with more serious injuries. Liability In law, the term “liability” refers to the person who is held liable for harm or injury. It could be due to negligence or strict liability. The majority of lawsuits involving injuries are based on the idea of negligence. Negligence is the failure to exercise with reasonable care under the circumstances. The jury determines what an ordinary person in similar circumstances would have done and then decides whether the defendant's actions or omissions violated this standard. However, certain injury cases are built on strict liability, such as the event that a defective product causes injuries. In addition to damages for economic losses, victims might be entitled to compensation for non-economic damages like suffering and pain. It's hard to estimate these damages however, our injury attorneys are skilled in maximizing your claim's value. The majority of personal injury lawsuits involve one plaintiff versus several defendants however, there are some multi-plaintiff suits like class actions or mass torts. One or more of these plaintiffs could be a corporation such as a pharmaceutical firm or an insurance company or it could be another individual like you. In these situations, multiple parties can be held accountable based on the evidence presented by each plaintiff and the results of a thorough investigation. If you've been injured due to someone else's negligence or wrongful act, contact us right away to discuss your case.