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What Is Injury Law? The law of injury is focused on civil violations that could cause harm to your body, mind and emotions. The purpose of an injury lawsuit is to recover money for damages like medical bills and pain and suffering. It's hard to avoid injuries such as this, but it's important to ensure you are protected as much as you can. For instance, if you are likely to fall backwards, turn your head and shield it by your arms. Negligence A person who has suffered injuries or other injuries as a result someone else's negligence may file a lawsuit for negligence and seek financial compensation. To establish their case, the plaintiff must establish four elements that are: breach of duty, causation, and damages. Negligence is defined as the 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 give patients the same level of care similar to that a similarly trained medical professional would give in similar circumstances. A lawyer can employ expert testimony to show that the defendant's conduct was short of the industry standards. In order to win a negligence case the plaintiff must prove that the defendant's breach was the sole cause of the injury. This is known 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 has to prove that their injuries have caused an unjustifiable financial loss, such as medical bills and loss of income. Gross negligence is a more severe form of negligence in that it involves an unintentional disregard for the safety of others. Gross negligence occurs when a nursing facility does not change bandages on the patient for a number of days. In certain states, defendants can use a defense called contributory negligence in order to keep the plaintiff from claiming damages. injury settlement arlington heights of Limitations If someone else's negligence or careless disregard for your safety cause you to be injured and suffer injuries, the law gives you an unspecified period of time to file a lawsuit, called the statute of limitations. This limit, set by the legislature of the state, is intended to encourage timely filing and prevent excessive delay. The statute of limitations varies from state to state and also for different types of injuries to the next. For instance in Pennsylvania personal injuries, such as car accidents, you generally have two years from the date of your accident to file an action. However, some claims may be subject to what's called the discovery rule, which means that the statute of limitations does not start until your injury is discovered or ought to have been discovered. In other situations, such as those involving intentional torts such as assaults, false imprisonment, defamation and the deliberate infliction of emotional distress, the statute of limitations is extended. It is also possible for a statute of limitation to be tolled or waived, such as in the instance of minors or a person who is incarcerated or on military duty. If you try to file a lawsuit after the statute of limitation has expired, your lawsuit could be dismissed without hearing. It is therefore essential to speak with an experienced attorney for injury before the statute of limitations expires. Damages Many of the costs associated with an injury come with cost. Special damages include medical expenses out-of-pocket expenses, lost wages and the cost of the repair or replacement of your property, in addition to other fixed amounts. The law does not limit the amount of special damages that you can seek. Other losses do not have an associated price and may be difficult to quantify for example, the pain and suffering, loss of enjoyment from life, and other intangible damages. The process of putting a dollar value on subjective losses like physical or emotional pain can be a challenge however, attorneys and insurance companies employ formulas to determine the value of them. A plaintiff in a sever whiplash case, for instance could have suffered severe injuries that impact their daily lives. They may require assistance with chores around the house, eat differently and miss out on recreational events or gatherings with friends. The victim may suffer an absence of pleasure and can recover this as general damages. To estimate the value for a claim for general damages, attorneys or insurers usually start by calculating the total of medical special damages. They then add the value of any income loss. Then, they will multiply this amount by a number between 1.5 and 5. The more severe injuries usually result in higher multipliers. Liability In law, liability refers to the party found responsible for an injury or harm. This could be due negligence or strict liability. Most injury claims are based on the concept of negligence. Negligence is the failure to act with reasonable care under the circumstances. The jury will determine what a reasonable person in similar circumstances would have done and decides if the defendant's actions or inactions violated this standard. However, certain injury cases are determined by strict liability, like when a defective product causes injuries. In addition to damages for economic losses, victims could be entitled to compensation for non-economic losses like suffering and pain. The amount of these damages is difficult to estimate, but our experienced lawyers for injury are adept in maximizing the value your claim. Some personal injury lawsuits involve multiple plaintiffs that include class actions or mass torts. These plaintiffs can be companies, such as an insurance company or a pharmaceutical company, or they could be people like you. In these types of cases, multiple parties can be held liable depending on the evidence presented by each plaintiff and the results of an investigation. Contact us right away if you were injured by someone else's negligence or wrongdoing.