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What Is Injury Law The law of injury focuses on civil infringements that could cause harm to your body mind and even your emotions The aim of an injury lawsuit is to obtain monetary compensation for damages like medical bills suffering and pain Its hard to avoid injuries like this but its crucial to protect yourself as much as possible For example if you are likely to fall backwards try to rotate your head and block it with your arms Negligence Someone who suffers injury or other losses as a result of negligence of anothers may file a negligence lawsuit and seek financial compensation To establish injury law firm rock hill the claimant will need to establish four elements such as breach of duty causation and damages Negligence is defined as the inability to act with the same level of care reasonable and prudent people have in similar circumstances For instance a driver should follow traffic laws to avoid accidents or harm to other road users A doctor is required to treat patients in the same way that medical professionals with similar training would in similar circumstances A lawyer can also use expert testimony to demonstrate that the defendants conduct was short of the standards set by industry To win a negligence case the plaintiff must prove that the defendants breach was the primary cause of the injury This is known as legal causation A good personal injury lawyer will argue that the defendants actions were the sole reason for the plaintiffs injuries The plaintiff must demonstrate that their injuries caused an actual financial loss like medical bills or loss of income A more serious type of negligence is gross negligence which is the complete lack of concern for the safety of others Gross negligence is when a nursing house fails to change bandages on a patient for several days In certain states defendants are able to use the defense of contributory negligence to block the plaintiff from claiming damage Statute of limitations If the negligent actions of another or careless negligence for your safety cause injury to you the law provides the victim with a certain amount of time to make a claim also known as the statute of limitations This time limit is determined by the legislature of the state to make sure that lawsuits are filed on time and to avoid unreasonable delays The time period for filing a claim can vary from state to state and also depending on the type of injury and kind of injury For instance the case of Pennsylvania personal injuries such as car accidents you generally have two years from the date of your accident to make a claim However certain claims might be subjected to the discovery rule This means that the statute of limitation is not set until the injury is discovered or ought to have been discovered In other circumstances which involve intentional torts such as assaults defamation false imprisonment and deliberate infliction or damage to emotional distress the statute of limitations is extended It is also possible for a statute of limitations to be waived or tolled such as in the case of minors or a person who is incarcerated or on military duty If you decide to file a lawsuit after the statute of limitations has expired your lawsuit could be dismissed without hearing This is why it is important to speak with an experienced injury lawyer before the statute of limitations runs out Damages Many costs related to an injury come with cost Special damages can include medical expenses outofpocket expenses lost wages and the cost of repair or replacement of your property in addition to fixed sums The law does not limit the amount of these damages you are able to recover Other losses dont have a price tag and can be difficult to calculate including the pain and suffering loss of life enjoyment and other tangible damages It isnt always easy to put an exact value on subjective losses such as physical or emotional pain but insurance companies and attorneys use formulas to quantify these losses A plaintiff in a whiplash case for example could have suffered severe injuries that affect their daily lives They might have to get help with chores around their home eat in a different way and miss out on recreational activities or spending time with family The victim could experience a loss of enjoyment and this is recoverable as general damages To determine the value of general damages claims lawyers and insurers typically begin by calculating the total for medical special damages They then add on the value of any income loss They will then multiply this number by a value ranging from 15 to 5 More severe injuries usually result in higher multipliers Liability In law liability refers to the person who is accountable for an injury or harm This could be due to negligence or strict liability The concept of negligence is the basis for most lawsuits involving injuries Negligence involves failing to act with a reasonable degree of care in the particular circumstances The jury decides what reasonable people in similar circumstances would have done and then decides whether the defendants actions or omissions violated this standard Certain injury cases are solely based on strict liability For instance when defective products are the cause of injury In addition to the damages for economic losses the victims may be entitled to compensation for noneconomic damages such as pain and suffering Its hard to estimate these damages however our injury lawyers are experienced in maximizing your claims value The majority of personal injury lawsuits are brought by one plaintiff against multiple defendants however there are some multiplaintiff suits like class actions and mass torts One or more of these plaintiffs could be a corporate entity such as a pharmaceutical company or an insurance company or it could be another person like you In these cases several parties could be held accountable based on the evidence submitted by each plaintiff and the results of an investigation Contact us immediately if have been injured by anothers negligence or wrongdoing
