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What Is Injury Law Lawsuits involving injury focus on civil wrongs that can cause harm to your body the mind and your emotions The goal of a successful injury lawsuit is to recover the financial compensation you deserve for damages such as medical bills pain and suffering Its not easy to avoid injuries but you need to be sure to safeguard yourself as much as you can For example if you will fall backwards turn your head and shield it by your arms Negligence A person who suffers injuries or other losses as a result of the negligence of another can file a negligence suit and pursue financial compensation To establish their case the plaintiff will need to establish four elements duty breach of duty causation and damages Negligence is the inability to act in the manner that reasonable people would act in similar circumstances For injury law firm marietta a driver must adhere to traffic laws to avoid accidents and injury to others on the road A doctor must treat patients in the same way that an individual who has the same training would under similar circumstances A lawyer can employ expert testimony to show that the defendants behavior fell below industry standards In order to win a claim for negligence the plaintiff has to prove that the defendants breach of duty was a direct cause for their injury This is referred to as legal causation A good personal injury lawyer will argue that the defendants actions were the sole cause of the plaintiffs injuries The plaintiff must prove that their injuries have caused an identifiable financial loss such as medical bills or loss of income Gross negligence is the most serious form of negligent behavior because it entails a complete disregard for the safety of others Gross negligence is when a nursing home fails to change bandages on patients for a period of time In certain states defendants can use a defense called contributory negligence which can prevent the plaintiff from claiming damages Statute of limitations The statute of limitations is the time limit in which you are required to make a claim if elses negligence or reckless disregard of your safety causes harm This limit set by the state legislature is meant to encourage timely filing and prevent excessive delay The time limit for filing a claim varies from one state to another and also depending on the type of injury and type of injury For instance in 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 could be subject to the discovery rule This means that the statute of limitation does not start until the injury is discovered or could have been reasonably discovered In some instances like cases involving intentional torts such as assaults and false imprisonment and defamation and the intentional infliction of emotional distress the limitations period can be extended It is also possible for a statute of limitation to be tolled or waived such as in the case of minors or a person who is incarcerated or serving on military duty If you attempt to file a suit after the statute of limitations has expired your case may be dismissed without hearing It is therefore essential to consult a seasoned attorney for injury before the statute of limitations expires Damages A lot of the expenses that result from an injury come with costs Special damages include medical costs outofpocket costs lost wages and the cost of repair or replacement of your property among other fixed costs The law does not limit the amount of these damages you are able to recover Other losses are more difficult to quantify like pain and suffering as well as loss of enjoyment life and other nontangible harms Putting a dollar amount on the subjective loss of emotional distress or physical pain can be a challenge but attorneys and insurance companies use formulas to attempt to quantify the amount For example a plaintiff in a personal injury case for whiplash could have sustained significant injuries that cause a lot of pain and a lot of difficulty in their daytoday lives They might have to get assistance with chores around the house eat differently and miss out on recreational activities or a social gathering with their family The victim may suffer an absence of pleasure and can recover this as general damages To estimate the value for the claim of general damages lawyers or insurance companies typically begin by calculating total of medical special damages They then add the value of any lost income Then they multiply this amount by a number between 15 and 5 More severe injuries generally result in more multipliers Liability In law the term liability is a term used to describe a person who is found liable for an injury or damage It could be due to negligence or strict liability Negligence is the basis of most injury claims Negligence is the failure to exercise with reasonable care in the circumstances Jurors evaluate what an average person would have done under similar circumstances and determine if the defendants conduct or inaction was a violation of this standard Some injury cases are solely based on strict liability For example when an unsafe product is the reason for injuries Victims may also be entitled to compensation in addition to economic damages as well as noneconomic losses like discomfort and pain It is difficult to value these damages however our injury attorneys are skilled in maximizing the value of your claim Most personal injury lawsuits involve a single plaintiff against several defendants however there are also multiplaintiff lawsuits such as class actions and mass torts The plaintiffs could be companies such as insurance companies or a pharmaceutical company or they could be people like you In these instances multiple parties may be held responsible based on the evidence submitted by each plaintiff as well as the results of an investigation If youve been hurt by the negligence of someone else or due to a wrongdoing Contact us as soon as possible to discuss your case
