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What Is Injury Law? The law of injury is focused on civil wrongs that can cause harm to your body, mind and emotions. The aim 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 such as this, but it's important to protect yourself as much as possible. For example, if you are going to fall backwards, make sure to rotate your head and block it with your arms. Negligence Someone who suffers injury or other losses due to another's negligent actions can file a negligence lawsuit and seek financial compensation. However, the claimant must first prove four things to prove their case: breach of duty, breach of duty, causation and damages. Negligence is the failure to act in the manner that a reasonable person would do under similar circumstances. A driver, for instance must follow traffic laws to prevent injuries or accidents to other road users. A doctor is required to give patients the same level of care equivalent to what a similarly trained medical professional would provide in similar circumstances. injury lawyer san marcos can make use of expert testimony to prove that the defendant's conduct was below the standards of industry. In order to win a negligence case, the plaintiff must prove that the breach of the defendant was the main 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 must prove that their injuries resulted in an actual financial loss, such as medical bills and lost income. A more serious type of negligence is gross negligence, which involves the complete lack of concern for others' safety. A nursing home that does not change a patient's bandages for a period of time is an instance of gross negligence. In some states, defendants may use a defense known as contributory negligence to bar the plaintiff from seeking damages. Statute of limitations If the negligent actions of another or careless disregard for your safety cause injury to you or suffer injury, the law allows a limited period of time to make a claim, also known as the statute of limitations. This time limit is determined by the legislature of the state to encourage timely filing and prevent unreasonable delays. The time limit for filing a claim varies between states and also depending on the type of injury. In Pennsylvania, for example, car accidents can take two years to file a personal injury claim. However, some claims may be subject to what is known as the discovery rule. This means that the statute of limitations will not start until your injury is discovered or ought to have been discovered. In certain cases, such as cases involving intentional torts such as assaults and false imprisonment, as well as defamation or intentional infliction of emotional distress, the limitation period can be extended. A statute of limitations can also be extended or waived in certain circumstances, for example, when a minor is involved or the person is on military duty or in a prison. If you try to bring a lawsuit after the time limit has expired the case will be dismissed without hearing. Therefore, it is important to speak with an experienced injury lawyer well before the statute runs out. Damages Many expenses associated with an injury can be attributed to cost. These are known as special damages and may include medical expenses, out-of-pocket expenses, lost wages, the cost to repair or replace your property and other fixed costs. The law does not limit the amount of special damages that you can seek. Other losses are more difficult to quantify, including pain and suffering and loss of enjoyment of life, and other intangible harms. It isn't always easy to put a dollar value for subjective losses like emotional distress or physical discomfort but attorneys and insurance companies employ formulas to quantify them. For instance, a defendant in a personal injury case for whiplash could have sustained significant injuries that bring plenty of pain and stress to their daily lives. They might have to get assistance with chores around the home, eat differently, and miss out on recreational events or gatherings with friends. The victim may suffer an impairment in enjoyment, which can be recovered as general damages. To determine the value of a claim for general damages attorneys and insurance companies usually begin by calculating the total for medical special damages, and then add on the value of any income loss. They then multiply that number by a value ranging from 1.5 to 5. The more severe injuries usually result in greater multipliers. Liability In law liability refers to the person who is accountable for harm or injury. This could be due to negligence or strict liability. The concept of negligence is the foundation of the majority of lawsuits for injuries. Negligence is the inability to act with reasonable care in the circumstances. The jury will determine what an average person in similar circumstances would have done and decides if the defendant's actions or inactions were in violation of this standard. However, some cases are determined by strict liability, like when a defective product results in injuries. In addition to the damages for economic losses, victims might be entitled to compensation for damages that are not economic such as pain and suffering. The amount of these damages is hard to place a value on however, our skilled injury lawyers are skilled at maximizing the value of your claim. Most personal injury lawsuits involve a single plaintiff against multiple defendants, however there are also multi-plaintiff lawsuits like class actions and mass torts. The plaintiffs may be corporations such as insurance companies or a pharmaceutical firm, or they could be people like you. In these instances, multiple parties could be held accountable depending on the evidence provided by each plaintiff and the results of an investigation. Contact us immediately if you have been injured by another's negligence or wrongdoing.