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What Is Injury Law Lawsuits involving injury are concerned with civil violations that can damage your body mind as well as your feelings The aim of a successful lawsuit is to recover compensation for damages such as medical bills and discomfort and pain Its difficult to avoid injuries such as this but its crucial to protect yourself as much as possible For instance if you are going to fall backwards turn your head to the side and then shield it by your arms Negligence Anyone who suffers injuries or other losses due to an act of negligence by another person can file a negligence suit and seek financial compensation However the plaintiff must first prove four factors to prove their claim breach of duty breach causation damages and breach of duty Negligence is defined as the inability to behave with the level of care that reasonable prudent people would have in similar situations A driver for instance should follow traffic laws to avoid accidents or harm to other road users A doctor has a duty to provide patients with the kind of care that a similarly trained medical professional would provide in similar circumstances injury law firm new britain can also use experts to prove that the defendants conduct was short of the standards set by industry In order to win a negligence case the plaintiff must prove that the defendants negligence was the main cause of the injury This is known as legal causation and a skilled personal injury lawyer will argue that the actions of the defendant could have been the sole cause of their injuries The plaintiff must show that their injuries have caused an identifiable financial loss for example medical bills and loss of income Gross negligence is the most serious type of negligence in that it involves a complete disregard for the safety of others A nursing home that fails to change the patients bandages for several days is an instance of gross negligence In certain states defendants can use a defense called contributory negligence to bar the plaintiff from claiming damages Statute of limitations The statute of limitations is the period of time that you have to file a claim if someone elses negligence or reckless disregard of your safety causes you harm The statute of limitations is set by the state legislature to encourage timely filing and to prevent unreasonable delays The time period for filing a claim can vary from one state to the next and also depending on the type of injury and type of injury In Pennsylvania for example car accidents you have two years to submit a personal injury claim However certain claims could be subject to what is known as the discovery rule meaning that the statute of limitations doesnt start until the injury is discovered or should have been discovered In certain circumstances such as those involving intentional torts such as assaults and false imprisonment and defamation and intentional infliction emotional distress the limitations period can be extended It is also possible for a statute of limitations to be waived or to be tolled for instance in the case of an individual who is a minor or who is incarcerated or serving on military duty If you try to file a suit after the statute of limitation has expired your case may be dismissed without hearing This is why its important to speak with an experienced lawyer for injury before the time when the statute of limitations expires Damages A lot of the expenses related to an injury have a price These are known as special damages and may include medical expenses outofpocket costs lost wages the cost of repairing or replace your property and other fixed sums The law limits the amount you can recover from special damages Other losses are more difficult to quantify like pain and suffering or loss of enjoyment life and other intangible harms In determining a dollar amount for subjective losses like emotional distress or physical pain can be challenging but attorneys and insurance companies use formulas to determine the value of them For instance a person who is a plaintiff in a personal injury case for whiplash might have suffered serious injuries that have caused a lot of pain and a lot of difficulty in their daytoday lives They might have to get assistance with chores around the home eat in a different way and avoid recreational events or gatherings with friends The victim might experience an impairment in enjoyment and this can be recouped as general damages To estimate the value of a claim for general damages lawyers and insurers usually start with calculating the total for medical special damages and then add the value of any income losses They then multiply this amount by a number between 15 and 5 Higher multipliers are often associated with more serious injuries Liability In law the term liability refers to the person who is held accountable for harm or injury This can be due either to strict liability or negligence The majority of injury claims are based on the concept of negligence Negligence means that you have failed to act with a reasonable level of care in the context of the situation The jury considers what an average person in similar circumstances would have done and then decides if the defendants actions or omissions violated the law However certain injury cases are built on strict liability for instance the event that a defective product causes injuries In addition to damages for economic losses victims could be entitled to compensation for other damages such as pain and suffering It can be difficult to determine the value of these damages however our injury lawyers have the experience to maximize your claims value Some personal injury lawsuits are multiplaintiff such as class actions or mass torts One or more of these plaintiffs could be a company such as a pharmaceutical firm or an insurance company or it could be another person like you In these situations several parties may be held responsible based on the evidence submitted by each plaintiff and results of an investigation Contact us immediately if are injured due to anothers negligence or wrongdoing
