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What Is Injury Law? The law of injury deals with civil wrongs that could affect your body, mind and emotional. The purpose of an injury lawsuit is to obtain an amount of money to compensate for damages, such as medical bills, pain and suffering. It's hard to avoid injuries, but you need to be sure to safeguard yourself as much as you can. For instance, if you will fall backwards, you should turn your head to the side and then shield it by using your arms. Negligence A person who suffers injuries or other losses as a result of the negligence of another can file a negligence lawsuit and seek financial compensation. But, the plaintiff must prove four things to establish their case: duty, breach causation, damages and breach of duty. Negligence is when a person fails to act in a way that an ordinary person would in similar circumstances. For instance, a driver should obey traffic laws to avoid injuries and accidents to other people on the road. A doctor has a duty to give patients the same level of care equivalent to what a similarly trained medical professional would give in similar situations. A lawyer can employ expert testimony to show that the defendant's conduct was short of the industry standards. In order to win a claim for negligence, the plaintiff must demonstrate that the defendant's breach of duty was the direct cause of their injury. This is known as legal causation. A reputable personal injury lawyer will argue that the defendant’s actions were the sole reason for the plaintiff's injuries. The plaintiff must prove that their injuries caused real financial losses including medical bills and lost income. A more serious type negligence is gross negligence. It involves an unintentional disregard for others' safety. A nursing home that isn't able to change a patient's bandages over a period of several days is an instance of gross negligence. In some states, defendants may be able to use a defense called contributory negligence to prevent the plaintiff from claiming damages. Statute of limitations The statute of limitations is the period of time that you must submit a claim when someone is negligent or careless of your safety causes harm. The statute of limitations, as set by the legislature of the state, is intended to encourage prompt filing and avoid unreasonable delays. The time limit for filing a claim varies from state to state and also depending on the type of injury and type of injury. In Pennsylvania, for example car accidents are covered for two years to make a claim for personal injury. Nevertheless, injury law firm mississippi may be subjected to the discovery rule. This means that the statute of limitations doesn't begin until the injury is discovered, or could have been reasonably discovered. In other circumstances, such as those involving intentional torts, such as assaults or defamation, false imprisonment and intentional infliction on emotional distress the statute of limitations is extended. It is also possible for a statute of limitations to be waived or to be tolled, such as in the case of minors or individuals who is incarcerated or on military duty. If you try to file a lawsuit after the statute of limitations has expired, your lawsuit could be dismissed without hearing. This is why it is essential to consult an experienced attorney for injury before the time when the statute of limitations runs out. Damages Many costs related to an injury come with a price tag. These are referred to 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 amounts. The law limits the amount you can recover in special damages. Other losses don't come with an associated price and may be difficult to calculate, including suffering and pain, loss of enjoyment from life, and other tangible damages. It is difficult to determine a dollar value for subjective losses like emotional distress or physical pain can be challenging however, attorneys and insurance companies employ formulas to attempt to quantify the amount. A plaintiff in a sever whiplash case, for instance might have sustained serious injuries that affect their daily life. They may need help with chores around the house, eat differently and avoid recreational activities or spending time with family. The victim could suffer the loss of enjoyment that can be compensated through general damages. To estimate the value of a claim for general damages attorneys and insurance companies usually start with calculating the total for medical special damages, and then add the value of any income losses. Then, they multiply this number by a number between 1.5 and 5. Higher multipliers are often associated with more serious injuries. Liability In law it is a matter of liability. It refers to the person who is accountable for an injury or harm. This can be due either to strict liability or negligence. Most injury claims are based on the idea of negligence. Negligence is the inability to act with reasonable care under the circumstances. Jurors consider what an average person would have done in similar circumstances and then decide if the defendant's actions or inaction broke this standard. Certain injury cases are solely based on strict liability. For instance, if defective products are the cause of injury. Victims could also be entitled to compensation in addition to economic damages in the event of non-economic damages such as pain and discomfort. The amount of these damages is difficult to estimate but our experienced lawyers for injury are adept at maximizing the value of your claim. Some personal injury lawsuits are multi-plaintiff cases which include mass torts or class actions. These plaintiffs could be companies such as insurance companies or a pharmaceutical company or they could be individuals such as you. In these cases, several parties may be held responsible based on the evidence submitted by each plaintiff and the results of an investigation. Contact us immediately if you were injured by someone else's negligence or wrongdoing.