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What Is Injury Law? The law of injury is focused on civil wrongs that can cause harm to your body, emotions and mind. The goal of a successful injury lawsuit is to collect the financial compensation you deserve for damages such as medical bills, pain and suffering. It's not easy to avoid injuries, but it's important to ensure that you are protected as much as is possible. For example, if you are going to fall backwards, make sure to rotate your head and block it by your arms. Negligence Someone who has suffered injuries or other injuries as a result the negligence of another person can sue for negligence and seek financial compensation. To establish their case, the claimant will need to establish four elements such as breach of duty, causation and damages. Negligence is defined as a person's inability to exercise the same level of care reasonable prudent people would 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 is obliged to provide patients with the care equivalent to what a similarly trained medical professional would offer in similar circumstances. A lawyer may employ expert testimony to show that the defendant's conduct was in line with industry standards. To prevail in a negligence lawsuit the plaintiff must show that the defendant's breach was the primary cause of the injury. This is known 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 loss of money like medical bills and lost income. A more serious form of negligence is gross negligence, which is a complete lack of concern for the safety of others. A nursing home that fails to change a patient's bandages after a few days is an instance of gross negligence. In certain states, defendants may be able to use a defense known as contributory negligence to stop the plaintiff from claiming damage. Statute of limitations The statute of limitations is the period of time which you must submit a claim when someone else's negligence or reckless disregard of your safety results in harm. This time frame is established by the state legislature to ensure timely filing and avoid unreasonable delays. The time period for filing a claim differs from state to state, and for different types of injuries to the next. In Pennsylvania for instance car accidents, you have two years to make a claim for personal injury. Nevertheless, certain claims may be subject to the discovery rule. This means that the statute of limitation is not set until the injury is discovered or should have been reasonably discovered. In other cases which involve intentional torts, like assaults and defamation, false imprisonment, and deliberate infliction or damage to emotional distress the statute of limitation is extended. A statute of limitations could be waived or tolled in specific circumstances, like when a minor is involved, or the person is serving in the military or in prison. If you try to file a lawsuit after the statute of limitations has expired, your case could be dismissed without hearing. It is therefore crucial to consult with an experienced injury lawyer well before the statute of limitations expires. Damages Many of the costs caused by injuries have the potential for a cost. Special damages include medical expenses, out-of-pocket expenses, lost wages and the cost of the repair or replacement of your property, among other fixed sums. The law does not limit the amount of these damages you are able to recover. Other losses don't come with an associated price and may be difficult to quantify like the suffering and pain, the loss of life enjoyment and other harms that are intangible. It isn't easy to assign a value for subjective losses like physical or emotional discomfort but lawyers and insurance companies use formulas to quantify these losses. A plaintiff in a sever whiplash case, for example, may have suffered serious injuries that affect their daily life. They may require assistance with chores around the house, eat differently and not be able to participate in recreational activities or a social gathering with their family. The victim could suffer the loss of enjoyment which can be recovered as general damages. To determine the value of a claim of general damages, lawyers or insurers typically begin by calculating the total of medical special damages. injury claim west virginia add the value of any income loss. They then multiply this amount by a range of numbers ranging from 1.5 to 5. The more severe injuries typically result in more multipliers. Liability In law liability refers to the party found responsible for an injury or harm. This could be due to negligence or strict liability. The concept of negligence is the basis of most injury claims. Negligence is the failure to exercise with reasonable care under the circumstances. Jurors consider what reasonable people would have done in similar circumstances, and then determine if the defendant's conduct or inaction broke this standard. Some cases involving injuries are based solely on strict liability. For instance, if a defective product is the cause of injury. Victims may also be entitled to compensation in addition to economic damages as well as non-economic losses such as pain and discomfort. It is difficult to value these damages, but our injury lawyers have the experience to maximize your claim's value. The majority of personal injury lawsuits involve a single plaintiff against multiple defendants, but some are multi-plaintiff suits such as class actions and mass torts. One or more of these plaintiffs could be a corporate entity like a pharmaceutical corporation or an insurance company, or it could be another person who is similar to you. In these types of cases, multiple parties can be held liable based on the evidence presented by each plaintiff and the results of a thorough investigation. If you've been hurt by someone else's negligence, or wrongdoing and you are injured, call us immediately to discuss your case.