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What Is Injury Law? Lawsuits involving injury are concerned with civil violations that can harm your mind, body as well as your feelings. The goal of a successful lawsuit is to get money for damages such as medical bills and discomfort and pain. It's difficult to avoid such injuries, but you should protect yourself as much possible. If you're prone to falling forward, turn your head to shield it, and use your arms to help. Negligence A person who has sustained injuries or other losses due to the negligence of another person can file a lawsuit for negligence and seek financial compensation. However, the plaintiff must first prove four elements to prove their claim: breach of duty, breach or breach of duty, causation or damages. Negligence is the failure to behave in a manner that an ordinary person would under similar circumstances. A driver, for example must follow traffic laws to avoid injuries or accidents to other road users. A doctor is required to treat patients in the same manner that a medical professional with similar training would do under similar circumstances. Lawyers may also rely on expert testimony to demonstrate that the defendant's conduct fell in line with industry standards. In order to prevail in a case of negligence, the plaintiff has to prove that the breach by the defendant was the sole cause of the injury. This is referred to as legal causation. A good personal injury lawyer will argue that the defendant’s actions were the sole cause of the plaintiff's injuries. The plaintiff has to prove that their injuries have resulted in an actual financial loss, such as medical bills and lost income. A more serious form of negligence is gross negligence, which involves a complete lack of concern for the safety of others. Gross negligence occurs the case when a nursing home does not change the bandages on a patient for several days. In certain states, defendants can use a defense known as contributory negligence to prevent the plaintiff from seeking damages. injury law firm thousand oaks of Limitations The statute of limitations is the amount of time in which you are required to make a claim if negligence or reckless disregard of your safety causes harm. This limit is determined by the legislature of the state to make sure that lawsuits are filed on time and to avoid unreasonable delays. The time frame for filing a claim is different from state to state and also depending on the type of injury to the next. In Pennsylvania, for example car accidents, for instance allow for two years to submit a personal injury claim. However, certain claims could be subject to what is called the discovery rule. This means that the time limit for filing a claim does not start until your injury is discovered or should reasonably have been discovered. In certain circumstances, such as those involving intentional torts such as false imprisonment and assaults, as well as defamation or intentional infliction of emotional distress, the limitation period can be extended. A statute of limitations could be waived or tolled in specific cases, such as when minors are involved, or someone is on military duty or in a prison. If you attempt to make a claim after the statute of limitations has expired, your case will be dismissed without being heard. This is why it's essential to consult an experienced injury attorney well before the statute of limitations runs out. Damages A lot of the expenses caused by injuries have costs. These are known as special damages and can include medical expenses, out of pocket expenses, lost wages, the cost of repairing or replace your property and other fixed sums. The law limits the amount you can claim in special damages. Other losses don't come with an associated price and may be difficult to quantify like the pain and suffering, loss of life enjoyment and other intangible damages. In determining a dollar amount for the subjective loss of physical or emotional pain can be a challenge, but attorneys and insurance companies utilize formulas to attempt to quantify these losses. For instance, a defendant in a personal injury case for whiplash may have suffered significant injuries that bring plenty of pain and difficulty to their day-to-day life. They might have to get help with chores around the home, change their diet and not be able to participate in recreational activities or socializing with family. The victim could suffer a loss in enjoyment, which can be recovered as general damages. To determine the value of a claim for general damages attorneys and insurance companies usually start with calculating the total for medical special damages. They then add the value of any income losses. They will then multiply this figure by a range of numbers ranging from 1.5 to 5. More severe injuries usually result in greater multipliers. Liability In law, the term liability refers to a person who is held liable for an injury or harm. This could be due to strict liability or negligence. The majority of lawsuits involving injuries are based on the concept of negligence. Negligence involves failing to act with a reasonable degree of care under the circumstances. The jury considers what an average person in similar circumstances would have done and then decides if defendant's actions or inactions were in violation of this standard. However, some cases are founded on strict liability, like when a defective product causes injuries. Victims may also be entitled to compensation, in addition, to economic damages for non-economic losses, such as pain and discomfort. It's hard to estimate these damages however our injury lawyers are skilled in maximizing your claim's value. Some personal injury lawsuits are multi-plaintiff that include class actions or mass torts. One or more plaintiffs could be an entity such as a pharmaceutical company or an insurance company or it could be another person who is similar to you. In these cases, several parties could be held accountable depending on the evidence provided by each plaintiff and results of an investigation. If you've suffered injuries due to someone else's negligence, or wrongdoing get in touch with us immediately to discuss your case.