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What Is Injury Law? Lawsuits involving injury are concerned with civil infringements that can affect your body, mind and emotions. The purpose of an injury lawsuit is to collect money for damages like medical bills and pain and suffering. It is difficult to avoid injuries such as this, but it's important to protect yourself as much as possible. For instance, if are going to fall backwards, try to rotate your head and block it with your arms. Negligence A person who has suffered injuries or other losses due to negligence of another can bring a lawsuit against the negligent party and seek financial compensation. But, the plaintiff must first prove four elements to prove their case: duty, breach, causation and damages. Negligence is defined as a person's inability to exercise the level of care that reasonable people would be expected to exercise in similar circumstances. A driver, for example, should obey traffic laws to prevent injuries or accidents to other road users. A doctor is required to treat patients in the same way that a medical professional with similar training would do under similar circumstances. A lawyer may utilize expert testimony to prove that the defendant's behavior fell short of the industry standards. To be successful in a negligence claim the plaintiff must prove that the defendant's breach of duty was the direct cause of their injuries. This is known as legal causation. A reputable 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 caused an unjustifiable financial loss, like medical bills and lost income. A more serious form of negligence is gross negligence, which entails a complete lack of concern for the safety of others. A nursing home that isn't able to change a patient's bandages for several days is an instance of gross negligence. In some states, defendants may use a defense called contributory negligence to block the plaintiff from claiming damages. injury attorney champaign of Limitations The statute of limitations is the time period that you have to submit a claim when someone is negligent or careless of your safety causes harm. The statute of limitations is determined by the legislature of the state to encourage timely filing and prevent unreasonable delays. The time frame for filing a claim differs from state to state and also from type of injury to type of injury. In Pennsylvania, for example, car accidents, you have 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 begin until your injury is discovered or ought to have been discovered. In some instances, like those involving intentional torts, such as false imprisonment and assaults, as well as defamation and intentional infliction emotional distress, the limitations period is longer. The statute of limitations may also be exempted or tolled in some circumstances, like when minors are involved, or an individual is serving in the military or in a prison. If you try to bring a lawsuit after the deadline for filing a lawsuit has passed the case will be dismissed without being heard. This is why it is important to speak with an experienced injury lawyer before the statute of limitations expires. Damages Many of the costs associated with an injury can be attributed to cost. These are known as special damages. They can include medical expenses, out of pocket costs, lost wages, the cost to repair or replace your property, and other fixed costs. The law does limit the amount you can recover from special damages. Other losses are difficult to quantify, such as pain and suffering, loss in enjoyment of life, as well as other intangible harms. It can be difficult to put an amount for subjective losses like emotional distress or physical discomfort however lawyers and insurance companies make use of formulas to quantify the amount of these losses. A person who is the plaintiff in a whiplash case, for example, may have suffered serious injuries that affect their daily life. They might have to seek assistance with household chores, eat differently, and avoid socializing or enjoying leisure activities. The victim could suffer the loss of enjoyment which can be recovered as general damages. To estimate the amount of a claim for general damages, attorneys or insurers usually start by calculating the total of medical special damages. They then add 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 higher multipliers. Liability In law, the term “liability” is a term used to describe a person who is held accountable for an injury or harm. This can be due either to negligence or strict liability. Negligence is the basis for a majority of lawsuits for injuries. Negligence refers to the failure to act with a reasonable level of care in the particular circumstances. The jury will determine what reasonable people in similar circumstances would do and decides if the defendant's actions or inactions violated this standard. Certain injury cases are based solely on strict liability. For instance, if defective products are the cause of injuries. In addition to the damages for economic losses, the victims may be entitled to compensation for non-economic losses like pain and suffering. The amount of these damages is difficult to estimate but our expert injury lawyers are skilled in maximizing the value of your claim. Certain personal injury lawsuits involve multiple plaintiffs, such as mass torts or class actions. These plaintiffs can be corporations, such as an insurance company or pharmaceutical company or they could be individuals like you. In these cases, several parties could be held accountable depending on the evidence offered by each plaintiff as well as the results of an investigation. If you've suffered injuries due to someone else's negligence or wrongdoing Contact us as soon as possible to discuss your case.