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What Is Injury Law The law of injury focuses on civil infringements that could cause harm to your body the mind and your emotions The goal of a successful injury lawsuit is to obtain money for damages like medical bills pain and suffering Its hard to avoid injuries such as this however it is important to protect yourself as much as possible If youre about to fall forward tilt your head to shield it and then use your arms Negligence A person who has suffered injuries or other losses as a result of the negligence of another person can file a lawsuit for negligence and seek financial compensation To prove their case the plaintiff will need to prove four things including breach of duty causation and damages Negligence is when a person fails to act in a manner that reasonable people would do under similar circumstances A driver for instance must follow traffic laws to prevent accidents or harm to other road users A doctor must treat patients in the same way that an individual with similar training would do in similar circumstances A lawyer can also use expert testimony to prove that the defendants behavior was in line with industry standards To win a negligence claim the plaintiff must prove that the defendants failure to perform their duty was a direct cause of their injury This is referred to 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 prove that their injuries have resulted in a verifiable financial loss for example medical bills and loss of income A more serious type negligence is gross negligence which is an unintentional disregard for others safety A nursing home that fails to change the patients bandages after a few days is an instance of gross negligence In certain states defendants can use a defense called contributory negligence to block the plaintiff from claiming damage Statute of Limitations The statute of limitations is the time limit that you have to submit a claim when someone is negligent or careless of your safety results in harm This time limit is set by the states legislature to make sure that lawsuits are filed on time and to avoid unreasonable delays The time frame for filing a claim differs between states and also depending on the type of injury and kind of injury For instance in Pennsylvania personal injuries such as car accidents you typically have two years from the date of the accident to make claims However some claims may be subject to whats known as the discovery rule which means that the statute of limitations does not start until your injury is discovered or should reasonably have been discovered In other cases which involve intentional torts including assaults and defamation false imprisonment and intentional infliction of emotional distress the statute of limitation is extended A statute of limitations can be extended or waived in certain cases such as when minors are involved or someone is serving in the military or incarcerated If you attempt to file a suit after the statute of limitations has expired your case could be dismissed without hearing It is therefore important to speak with an experienced attorney for injury before the statute runs out Damages A lot of the expenses that result from an injury come with the potential for a cost Special damages include medical expenses outofpocket costs lost wages and the cost of repair or replacement of your property among other fixed sums The law does limit the amount you can recover in special damages Other losses dont come with an estimated price and can be difficult to calculate such as the pain and suffering loss of enjoyment of life and other harms that are intangible It can be difficult to put an exact value for subjective losses like physical or emotional pain but attorneys and insurance companies employ formulas to quantify their losses For instance a plaintiff in a personal injury lawsuit for whiplash might have suffered serious injuries that cause many pains and stress to their daily lives They might be required to seek assistance with household chores have a different diet and avoid socializing or enjoying leisure activities The victim may experience an impairment in enjoyment which can be recovered as general damages To estimate the value of a claim for general damages attorneys and insurance companies usually begin by calculating the sum for medical special damages and then add the value of any income loss Then they will multiply this by a number between 15 and 5 Higher multipliers are often associated with more serious injuries Liability In law the word liability refers to a person who is held accountable for an injury or harm injury lawsuit oxnard could be due to negligence or strict liability Negligence is the foundation of the majority of injury claims Negligence involves failing to act with a reasonable degree of care in the context of the situation The jury considers what an ordinary person in similar circumstances would have done and decides if the defendants actions or inactions violated this standard Some cases involving injuries are solely based on strict liability For instance when a defective product is the cause of injury Victims may also be entitled to compensation in addition to economic damages for noneconomic losses like pain and discomfort The amount of these damages is difficult to quantify but our experienced lawyers for injury are adept in maximizing the value your claim Some personal injury lawsuits are multiplaintiff cases such as class actions or mass torts One or more of these plaintiffs could be an entity like a pharmaceutical company or an insurance company or it could be an individual who shares your In these kinds of situations multiple parties can be held accountable based on the evidence presented by each plaintiff and the results of an investigation Contact us immediately if you were injured by someone elses negligence or wrongdoing
