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What Is Injury Law Injury law allows for people to claim compensation in the event of an accident The money recovered can be used to pay for medical costs as well as lost income property damages and other costs Additionally it could also be used to cover pain and suffering First the plaintiff has to prove that the defendant was owed an obligation of care Then they must show that the breach of this duty caused harm Bodily Injuries Bodily injury is a term that describes any physical harm that occurs to an individual like fractures bruising or broken bones burns cuts or even death It could also refer to mental or emotional harm An injury lawyer can help the victim collect damages in these cases In addition they may help victims recover loss of income and medical expenses incurred with their injuries Negligence is the leading cause of injury Individuals and businesses are required by law to take care of the safety of others They are required to evaluate their actions with those of a reasonable individual in the same situation If they fail to do this they could be held responsible for the injured persons damages If youve been hurt by a drunken driver in a bar or restaurant you can file an injury claim The victim who was injured can claim an amount for their medical expenses lost incomes and pain and suffering Calculating your losses isnt easy For instance you have to determine the value of your future earning capacity as well as your intangible losses such as pain and suffering A personal injury lawyer will assist you in this endeavor and ensure that all losses will be covered by the person responsible This is why its essential to have a reliable injury lawyer Negligence Negligence is a legal term that relates to a person who is bound by a contract with an individual and acts negligently resulting into injury or damage In the context a personal injury case this type is usually described as a breach duty A breach of duty occurs if someone fails to act in a manner which a reasonable prudent individual would do under similar circumstances A doctor for example should perform at a standard appropriate to his or her job If a doctor doesnt meet this standard its deemed negligent To show negligence there must be certain elements that must be present First the plaintiff has to establish that the defendant had a duty to keep others safe and did not act in a way that was negligent The plaintiff must also show that the defendants lapse of duty resulted in the injury This is sometimes called causation in fact or proximate cause It means that theres an immediate connection between the negligent act and any injuries or damages It does not mean that the negligent act caused the injury The plaintiff must also show that they have suffered losses due to the negligence These could be financial burdens like medical bills emotional distress lost wages and pain and suffering An attorney can assist you to document all the losses you have suffered and seek compensation that is fair and equitable injury lawyer orange of limitations The statute of limitations is the time in which a person injured must file a civil suit or be barred from filing such claim The law differs by region and the type of injury For example if you are injured by an explosion or another event that occurs in New York you would need to act swiftly to protect your legal rights Statutes of limitations are a kind of legal stopwatch that is set to start in the moment of an incident It stops at the point that the time limit on the lawsuit has been reached This is due to the fact that important evidence may fade over time witnesses might disappear or be unavailable and memories may deteriorate There are some exceptions to the general rule that states that the statute of limitations clock begins clocking after an accident For instance in the event of an injury while the defendant is outside of the state and doesnt return to his or her home until the expiration date has passed the statute of limitations could be equitably tolled The discovery rule holds the statute of limitations clock on hold Depending on the jurisdiction this rule could mean that your malpractice claim only becomes due begins to run when your treatment for the medical condition ends It could also be triggered by the possibility that you discovered the injury or you should have discovered it Damages If youre injured as a result a wrongful conduct of another person you could be entitled to compensation These are known as damages and they may take a variety of forms In general they are the compensation for noneconomic and economic damages Economic damages are those which can be proven by an evidence trail For example lost wages or medical expenses A personal injury lawyer can help you calculate these costs that are usually backed by tax documents and paystubs You could be entitled to compensation for your physical and mental discomfort in addition to economic damages A skilled attorney can help you set the price on your emotional anxiety pain and suffering and loss of enjoyment of living If you suffer a serious injury then you may be entitled to aggravated damages These are similar to nonpecuniary loss These damages are designed to provide you with compensation for the suffering that results from the negligent conduct of the defendant rather than the severity of your injury In a few cases juries may make punitive damages available These are intended to punish the offender prevent future misconduct and are distinct from compensatory damage They require a high level of proof including evidence that the defendant acted with reckless disregard for others
