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What Is Injury Law? Lawsuits involving injury focus on civil offenses that cause harm to your body, mind and emotions. The purpose of an injury lawsuit is to collect monetary compensation for damages like medical bills and pain and suffering. It's difficult to avoid such injuries, but you should protect yourself as much possible. If you're about to fall forward, turn your head to shield it, and use your arms to help. Negligence A person who suffers injuries or other losses as a result of the negligence of another may file a lawsuit for negligence and seek financial compensation. To prove their case, the plaintiff must establish four elements that are: breach of duty, causation and damages. Negligence is the inability to act in a manner that an ordinary person would under similar circumstances. For instance, a driver should obey traffic laws in order to avoid accidents and cause harm to others on the road. A doctor has a duty to provide patients with the kind of care similar to that a similarly trained medical professional would give in similar circumstances. Lawyers can employ expert testimony to show that the defendant's conduct was short of the industry standards. To win a negligence claim, the plaintiff must demonstrate that the defendant's breach of duty was a direct cause of their injuries. This is referred to as legal causation. A skilled personal injury attorney will argue that the actions of the defendant were the sole possible cause of their injuries. The plaintiff must prove that their injuries caused an identifiable financial loss, like medical bills or lost income. Gross negligence is a more serious form of negligence, as it involves an unintentional disregard for the safety of others. A nursing home that does not change a patient's bandages over a period of several days is an example of gross negligence. In some states, defendants may be able to use the defense of contributory negligence to prevent the plaintiff from claiming damage. Statute of Limitations If the negligent actions of another or reckless negligence for your safety cause you to be injured in a legal way, the law grants you an period of time to make a claim, also known as the statute of limitations. This limit, set by the state legislature, is meant to encourage speedy filing and to prevent unreasonable delay. The statute of limitation varies from one state to another and also depending on the type of injury and type of injury. For instance when it comes to Pennsylvania personal injuries such as car accidents, you generally have two years from the date of the accident to submit an action. However, certain claims could be subject to what is known as the discovery rule, meaning that the statute of limitations does not begin until the injury has been discovered or should reasonably have been discovered. In other cases, such as those involving intentional torts, including assaults or false imprisonment, defamation and intentional infliction of emotional distress, the statute of limitations is extended. A statute of limitations can also be extended or waived in certain circumstances, like when a minor is involved, or someone is serving in the military or incarcerated. If you decide to file a lawsuit after the statute of limitations has expired, your case could be dismissed without hearing. This is why it is essential to consult an experienced injury lawyer before the statute of limitations runs out. Damages Many of the expenses caused by injuries have the potential for a cost. Special damages can include medical expenses, out-of-pocket expenses, lost earnings and the cost of repairing or replacing your property, as well as other fixed amounts. The law does limit the amount you can claim in special damages. Other losses do not have an estimated price and can be difficult to quantify for example, pain and suffering, loss of enjoyment from life, and other intangible damages. It is difficult to determine a dollar value for subjective losses like emotional distress or physical pain can be challenging, but attorneys and insurance companies use formulas to measure these losses. For instance, a plaintiff in a personal injury case for whiplash might have suffered significant injuries that bring plenty of pain and difficulty to their day-to-day lives. They might need to seek help with household chores, have a different diet, and may be unable to participate in social or enjoying leisure activities. The victim may experience an absence of pleasure and this can be recouped as general damages. To estimate the amount of an action for general damages, lawyers or insurance companies typically begin by calculating total of medical special damages. They then add the value of any income loss. They then multiply this number by a number between 1.5 and 5. More powerful multipliers are typically associated with more severe injuries. Liability In law, liability refers to the person who is accountable for harm or injury. This can be due to negligence or strict liability. The concept of negligence is the foundation of the majority of lawsuits involving injuries. Negligence is the inability to act with reasonable care in the circumstances. injury law firm sioux falls decides what an average person in similar circumstances would do and then decides if defendant's actions or inactions were in violation of this standard. Certain injury cases are based solely on strict liability. For instance, if a defective product is the cause of injury. In addition to the damages for economic losses, the victims may be entitled to compensation for other damages like pain and suffering. It's hard to estimate these damages however our injury lawyers are adept at maximizing the value of your claim. Certain personal injury lawsuits are multi-plaintiff cases that include mass torts or class actions. One or more plaintiffs could be an entity such as a pharmaceutical company or an insurance company or it could be an person who is similar to you. In these cases, multiple parties can be held responsible based on the evidence presented by each plaintiff and on the findings of an investigation. Contact us immediately if you have been injured due to someone else's negligence or wrongdoing.