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What Is Injury Law Injury law deals with civil wrongs that could affect your body mind and even your emotions The aim of a successful lawsuit is to get funds to pay for damages such as medical bills and pain and discomfort It is difficult to avoid injuries but you need to ensure that you are protected as much as is possible If youre prone to falling forward you should turn your head to shield it and use your arms Negligence A person who suffers injuries or other losses as a result of the negligence of another may file a lawsuit for negligence and pursue financial compensation But the plaintiff must first prove four elements to prove their case duty breach or breach of duty causation or damages Negligence refers to the failure to act in a manner that reasonable people would do under similar circumstances For instance a driver must follow traffic laws to avoid accidents and injury to others on the road A doctor is obliged to provide patients with the care equivalent to what a similarly trained medical professional would give in similar situations Lawyers can use expert testimony to prove that the defendants behavior fell below the standards of industry To win a negligence claim the plaintiff must prove that the defendants breach of duty was a direct cause for their injury This is called legal causation and a skilled personal injury attorney will argue that the actions of the defendant were the sole possible reason for their injuries The plaintiff must prove that their injuries caused an actual financial loss such as medical bills and lost income Gross negligence is the most severe form of negligence as 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 known as contributory negligence which can prevent the plaintiff from claiming damages Statute of Limitations When someone elses negligent actions or careless disregard for your safety causes you to suffer injury or suffer injury the law allows an unspecified amount of time to file a lawsuit called the statute of limitations This time limit is determined by the legislature of the state to ensure timely filing and avoid unreasonable delays The time frame for filing a claim is different from state to state and also depending on the type of injury to the next In Pennsylvania for example car accidents are covered for two years to make a claim for personal injury However some claims may be subject to whats known as the discovery rule meaning that the statute of limitations does not start until the injury is discovered or should have been discovered In other situations which involve intentional torts including assaults defamation false imprisonment and deliberate infliction or damage to emotional distress the statute of limitations is longer It is also possible for a statute of limitations to be waived or to be tolled such as in the case of minors or individuals who is detained or on military duty If you decide to bring a lawsuit after the deadline for filing a lawsuit has passed your case will be dismissed without hearing This is why it is important to speak with an experienced attorney for injury before the statute of limitations expires injury lawsuit columbus associated with an injury come with cost Special damages include medical expenses outofpocket costs lost wages and the cost of repair or replacement of your property in addition to other fixed sums The law does not limit the amount of special damages you are able to recover Other losses dont have an estimated price and can be difficult to quantify for example pain and suffering loss of life enjoyment and other tangible damages Putting a dollar amount on personal losses such as emotional distress or physical pain can be difficult but attorneys and insurance companies make use of formulas to measure the amount For instance a plaintiff in a personal injury suit for whiplash could have sustained serious injuries that have caused many pains and stress to their daily lives They may require assistance with chores around the home eat in a different way and avoid recreational activities or a social gathering with their family The victim may suffer a loss in enjoyment which can be recouped as general damages To estimate the value of a claim for general damages lawyers and insurers usually begin by calculating the total for medical special damages and add on the value of any income loss Then they will multiply this number by a number between 15 and 5 More severe injuries usually result in higher multipliers Liability In law liability refers to the person who is responsible for harm or injury This could be due to negligence or strict liability Negligence is the foundation of the majority of lawsuits for injuries Negligence is the act of not acting with a reasonable level of diligence in the circumstances Jurors consider what an average person would have done in similar circumstances and then determine whether the defendants action or inaction was a violation of this standard Some cases involving injuries are solely based on strict liability For instance when an unsafe product is the reason for injuries Victims may also be entitled to compensation in addition to economic damages in the event of noneconomic damages such as pain and discomfort Its hard to estimate these damages however our injury attorneys have the experience to maximize the value of your claim Certain personal injury lawsuits are multiplaintiff cases that include class actions or mass torts One or more of these plaintiffs could be an entity like a pharmaceutical corporation or an insurance company or it could be another individual who shares your In these situations several parties could be held accountable according to the evidence presented by each plaintiff and the results of an investigation If you were injured by someone elses negligence or wrongful act and you are injured call us immediately to discuss your case
