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What Is Injury Law? The law of injury focuses on civil infringements that could cause damage to your body, mind, and even your emotions. The goal of a successful lawsuit is to obtain the amount of money you paid for damages like medical bills and discomfort and pain. It is difficult to avoid injuries like this, but it's important to be as safe as possible. If you're about to fall forward, turn your head to shield it, and use your arms to help. Negligence Anyone who has suffered injuries or other injuries as a result another's negligence can make a claim for negligence and seek financial compensation. To prove their case the plaintiff must prove four things: duty, breach of duty, causation, and damages. Negligence is defined as a person's inability to act with the level of care that reasonable and prudent people have in similar situations. For instance, a driver should obey traffic laws in order to avoid injuries and accidents to other people on the road. A doctor must treat patients in the same way that a medical professional with similar training would do in similar circumstances. Lawyers can utilize expert testimony to prove 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 good personal injury lawyer will argue that the defendant’s actions were the sole reason for the plaintiff's injuries. The plaintiff must show that their injuries caused verifiable monetary loss like lost income and medical bills. Gross negligence is a more serious form of negligence, as it involves an unintentional disregard for the safety of others. Gross negligence occurs the case when a nursing home is not able to change bandages for the patient for several days. In certain states, defendants may use the defense of contributory negligence to stop the plaintiff from claiming damages. Statute of Limitations The statute of limitations is the time limit in which you are required to 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 statute of limitation varies between states and also depending on the type of injury and type of injury. In Pennsylvania, for example car accidents, you have two years to make a claim for personal injury. However, certain claims could be subject to what's called the discovery rule, which means that the time limit for filing a claim does not begin until your injury is discovered or should reasonably have been discovered. In other circumstances which involve intentional torts such as assaults and defamation, false imprisonment and intentional infliction of emotional distress, the statute of limitations is longer. It is also possible for a statute of limitation to be waived or to be tolled, like in the case of a minor or an individual who is incarcerated or on military duty. If you decide to bring a lawsuit after the time limit has expired, your case will be dismissed without being heard. injury attorney waterbury is therefore important to speak with an experienced injury lawyer before the statute expires. Damages Many expenses associated with an injury are accompanied by cost. These are referred to as special damages. They could 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 specific damages that you can seek. Other losses are hard to quantify, including suffering and pain, loss in enjoyment of life, and a variety of other intangible harms. Putting a dollar amount on subjective losses such as physical or emotional pain can be difficult, but attorneys and insurance companies make use of formulas to try to quantify the amount. A person who is a plaintiff in a whiplash case, for instance could have suffered severe injuries that impact their daily lives. They might have to seek assistance with household chores, change their diet, and avoid socializing or recreational activities. The victim may experience a loss of enjoyment, which can be recovered as general damages. To estimate the value of general damages claims attorneys and insurance companies usually start with calculating the total for medical special damages, and then add on the value of any income losses. 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, the term liability refers to the person who is held accountable for injury or harm. This can be due either to negligence or strict liability. Most lawsuits involving injuries are based on the notion of negligence. Negligence refers to the failure to act in a reasonable manner and with diligence in the circumstances. Jurors consider what a reasonable person would have done under similar circumstances and decide if the defendant's act or inaction was a violation of this standard. Some cases involving injuries are based solely on strict liability. For instance, when defective products are the cause of injuries. Victims may also be entitled to compensation in addition to the economic damages for non-economic losses, such as discomfort and pain. The amount of these damages is hard to determine but our expert injury lawyers are skilled in maximizing the value your claim. Most personal injury lawsuits involve a single plaintiff against several defendants, but some are multi-plaintiff suits such as class actions and mass torts. One or more of these plaintiffs could be a company such as a pharmaceutical company or an insurance company or it could be an person like you. In these instances, multiple parties could be held accountable according to the evidence presented by each plaintiff and results of an investigation. Contact us immediately if you were injured by someone else's negligence or wrongdoing.