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What Is Injury Law? Lawsuits involving injury are concerned with civil wrongs that could affect your body, mind and even your emotions. The goal of a successful injury lawsuit is to secure the financial compensation you deserve for damages such as medical bills and suffering and pain. It's difficult to avoid injuries like this, but it's crucial to be as safe as you can. For instance, if are about to fall backwards, you should rotate your head and block it with your arms. Negligence A person who has sustained injuries or other injuries as a result another's negligence can make a claim for negligence and seek financial compensation. To establish their case, the plaintiff must establish four elements that are: breach of duty, causation, and damages. Negligence is the inability to behave in a manner that reasonable people would do in similar circumstances. A driver, for example should follow traffic laws to prevent injuries or accidents to other road users. A doctor must treat patients in the same way that a medical professional who has the same training would under similar circumstances. Lawyers can also use expert testimony to prove that the defendant's conduct fell below industry norms. In order to win a negligence case the plaintiff must show that the breach by the defendant was the sole cause of the injury. This is known as legal causation, and a good personal injury attorney will argue that the defendant's actions were the sole possible cause of their injuries. The plaintiff must show that their injuries have caused an actual loss of money including lost income and medical bills. Gross negligence is the most serious type of negligence, as it involves reckless disregard for the safety of others. Gross negligence occurs when a nursing home is not able to change bandages for patients for a period of time. In some states, defendants may be able to use a defense referred to as contributory negligence in order to keep the plaintiff from claiming damage. Statute of Limitations The statute of limitations is the time period that you must file a claim in the event that someone else's negligence or reckless disregard of your safety causes you harm. This time limit, set by the legislature of the state, is intended to encourage timeliness in filing and prevent excessive delay. The time limit for filing a claim varies from state to state, and for different types of injuries to the next. In Pennsylvania, for example, car accidents allow for two years to submit a personal injury claim. However, certain claims can 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 other situations that involve intentional torts, such as assaults, false imprisonment, defamation, and deliberate infliction or damage to emotional distress, the statute of limitations is extended. A statute of limitations could be exempted or tolled in some circumstances, for example, when minors are involved or an individual is serving in the military or in a prison. If you try to file a lawsuit after the statute of limitations has expired, your case may be dismissed without hearing. This is why it's important to speak with an experienced injury attorney well before the time when the statute of limitations expires. Damages A variety of costs associated with an injury are accompanied by a price tag. These are known as special damages and may include medical expenses, out-of-pocket costs, lost wages, the cost of repairing or replace your property and other fixed sums. The law does not limit the amount of these damages that you can seek. Other losses are hard to quantify, like pain and suffering or loss of enjoyment life, and other non-tangible harms. It can be difficult to determine a dollar value on subjective losses like physical or emotional discomfort however insurance companies and attorneys use formulas to quantify the amount of these losses. A plaintiff in a whiplash case, for example might have sustained serious injuries that impact their daily life. They may have to seek assistance with household chores, eat differently and may be unable to participate in social or participating in recreational activities. The victim may suffer an absence of enjoyment, and can recover this as general damages. To estimate the amount of an action for general damages, attorneys or insurers typically begin by calculating the total of medical special damages. They then add the value of any income loss. They then multiply this amount by a number between 1.5 and 5. The more severe injuries typically result in greater multipliers. Liability In law, liability refers to the party found responsible for harm or injury. This could be due negligence or strict liability. Negligence is the basis of most lawsuits involving injuries. Negligence is the failure to exercise with reasonable care under the circumstances. Jurors decide what a reasonable person would have done in similar circumstances and then decide if the defendant's act or inaction violated the standard. Some cases involving injuries are solely based on strict liability. For instance, if an unsafe product is the cause of injuries. In addition to damages for economic losses, victims could be entitled to compensation for other damages such as pain and suffering. The amount of these damages is hard to estimate, but our experienced lawyers for injury are adept in maximizing the value your claim. Most personal injury lawsuits pit one plaintiff against a number of defendants, but some are multi-plaintiff suits like class actions and mass torts. The plaintiffs may be corporations such as insurance companies or a pharmaceutical firm, or they could be individuals just like you. In injury lawyer salt lake city , multiple parties may be held responsible depending on the evidence provided by each plaintiff and the results of an investigation. Contact us immediately if have been injured due to someone else's negligence or wrongdoing.