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What Is Injury Law Injury law deals with civil infringements that can affect your body mind and emotional The goal of a successful injury lawsuit is to collect an amount of money to compensate for damages such as medical bills suffering and pain Its hard to avoid injuries such as this however it is important to be as safe as you can If youre likely to fall forward turn your head to protect it and use your arms to help Negligence Anyone who suffers injuries or other losses due to negligence of anothers may file a lawsuit for negligence and pursue financial compensation To establish their case the plaintiff must establish four elements including breach of duty causation and damages Negligence is defined as the failure to act with the level of care that reasonable and prudent people have in similar circumstances A driver for example should obey traffic laws to avoid injuries or accidents to other road users A doctor is obliged to provide patients with the kind of care similar to that a similarly trained medical professional would offer in similar situations Lawyers can utilize expert testimony to prove that the defendants conduct was below the standards of industry To win a negligence claim the plaintiff has to prove that the defendants failure to perform their duty was the direct cause for their 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 show that their injuries caused real financial losses including medical bills and lost income Gross negligence is a more serious form of negligent behavior as it involves total disregard for the safety of others Gross negligence is the case when a nursing home does not change the bandages on the patient for several days In some states defendants can use the defense of contributory negligence to stop the plaintiff from claiming damage Statute of Limitations If the negligent actions of another or careless disregard for your safety causes you to suffer injury or suffer injury the law allows the victim with a certain amount of time to start a lawsuit which is known as the statute of limitations This limitation set by the legislature of the state is designed to encourage timely filing and prevent unreasonable delay The time frame for filing a claim is different from states to states and depending on the type of injury to the next In Pennsylvania for instance car accidents allow for two years to make a claim for personal injury However some claims may be subject to whats known as the discovery rule This means that the statute of limitations will not start until the injury is discovered or should have been discovered In other cases that involve intentional torts like assaults or false imprisonment defamation and intentional infliction on emotional distress the statute of limitations is extended It is also possible for a statute of limitation to be waived or tolled such as in the case of an individual who is a minor or who is incarcerated or on military duty If you decide to file a lawsuit after the deadline for filing a lawsuit has passed your case will be dismissed without being heard This is why its important to speak with an experienced injury lawyer before the time when the statute of limitations runs out Damages A lot of the expenses that result from an injury come with costs These are known as special damages They can include medical expenses out of pocket costs lost wages the cost to repair or replace your property and other fixed sums The law does limit the amount you can recover in special damages Other losses are more difficult to quantify including pain and suffering as well as loss of enjoyment life and a variety of other intangible harms Putting a dollar amount on personal losses such as emotional distress or physical discomfort can be difficult but lawyers and insurance companies make use of formulas to measure these losses For instance a plaintiff in a personal injury case for whiplash might have suffered serious injuries that cause a lot of pain and discomfort to their daily life They might need to seek help with household chores eat differently and avoid socializing or engaging in recreational activities The victim might experience an impairment in enjoyment and this is a redressable loss as general damages To estimate the value of a claim of 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 multiply this amount by a number between 15 and 5 More severe injuries generally result in greater multipliers Liability In law legal terms liability refers the person who is accountable for harm or injury It could be due to negligence or strict liability The majority of lawsuits involving injuries are based on the notion of negligence Negligence is the inability to act with reasonable care in the circumstances Jurors consider what reasonable people would have done in similar circumstances and decide if the defendants act or inaction broke this standard However certain injury cases are determined by strict liability for instance when a defective product results in injuries Victims could also be entitled to compensation in addition to the economic damages in the event of noneconomic damages like pain and discomfort It can be difficult to determine the value of these damages however our injury lawyers are skilled in maximizing your claims value The majority of personal injury lawsuits involve a single plaintiff against several defendants however there are some multiplaintiff suits like class actions or mass torts One or more plaintiffs could be a company such as a pharmaceutical firm or an insurance company or it could be another person like you In injury lawsuit nashville multiple parties may be held responsible based on the evidence submitted by each plaintiff and the results of an investigation If youve been injured due to someone elses negligence or wrongdoing Contact us as soon as possible to discuss your case
