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What Is Injury Law? Injury law deals with civil wrongs that could affect your body, mind and emotions. The goal of a successful injury lawsuit is to secure the financial compensation you deserve for damages such as medical bills, suffering and pain. It's difficult to avoid such injuries, but you need to protect yourself as much possible. If you're going to fall forward, you should turn your head to shield it, and then use your arms. Negligence Anyone who has suffered injuries or other damages as a result of the negligence of another person can bring a lawsuit against the negligent party and seek financial compensation. However, the plaintiff must first prove four elements to prove their case: duty, breach or breach of duty, causation or damages. Negligence is the inability to behave in a manner that reasonable people would act under similar circumstances. For instance, a driver must obey traffic laws to prevent accidents or harm to other road users. A doctor is obliged to provide patients with the kind of care equivalent to what a similarly trained medical professional would offer in similar situations. A lawyer can make use of expert testimony to prove that the defendant's conduct was below the standards of industry. To be successful in a negligence claim the plaintiff must show that the defendant's breach of duty was a direct cause of their injury. This is referred to 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 prove that their injuries resulted in an actual loss of money, such as lost income and medical bills. Gross negligence is a more severe form of negligence since it is reckless disregard for the safety of others. Gross negligence is the case when a nursing home does not change the bandages on patients for a period of time. In some states, defendants can use a defense referred to as contributory negligence to stop the plaintiff from claiming damages. Statute of limitations The statute of limitations is the amount of time that you have to file a claim in the event that someone negligence or reckless disregard of your safety causes harm. This time limit is set by the state's legislature to ensure timely filing and avoid unreasonable delays. The statute of limitation varies from one state to another and also from type of injury to type of injury. For instance, in Pennsylvania personal injury cases, such as car accidents, you typically have two years from the date of the accident to make a claim. However, certain claims could be subject to the discovery rule. This means that the statute of limitations is not set until the injury is discovered, or should have been reasonably discovered. In some instances, like those involving intentional torts such as false imprisonment and assaults, as well as defamation, and intentional infliction of emotional distress, the limitation period is extended. It is also possible for a statute of limitation to be tolled or waived, for instance, in the case of an individual who is a minor or who is incarcerated or serving on military duty. If you try to make a claim after the time limit has expired the case will be dismissed without hearing. It is therefore important to consult with an experienced injury lawyer well before the statute of limitations expires. Damages Many costs related to an injury come with cost. Special damages include medical expenses, out-of-pocket expenses, lost earnings and the cost of repairing or replacing your property, among other fixed amounts. The law does not limit the amount of these damages you are able to recover. Other losses don't have an estimated price and can be difficult to quantify such as the suffering and pain, the loss of enjoyment from life, and other harms that are intangible. It isn't easy to assign a dollar value on subjective losses, such as emotional distress or physical discomfort however, lawyers and insurance companies use formulas to quantify them. A person who is a plaintiff in a whiplash case, for example, may have suffered serious injuries that affect their daily lives. They might have to seek help with household chores, have a different diet, and not be able to enjoy social or engaging in recreational activities. The victim may suffer a loss of enjoyment, that can be compensated through general damages. To estimate the value of a claim for general damages, lawyers or insurers usually start by calculating the total of medical special damages. They then add the value of any income loss. They will then multiply this figure by a range of numbers ranging from 1.5 to 5. The higher multipliers are generally associated with more serious injuries. Liability In law, the term “liability refers to a party who is held accountable for injury or harm. This can be due either to strict liability or negligence. The concept of negligence is the basis for most injury claims. Negligence is the inability to act with reasonable care under the circumstances. Jurors determine what an average person would have done in similar circumstances and then decide if the defendant's act or inaction violated the standard. Certain injury cases are solely based on strict liability. For instance, if defective products are the cause of injury. In addition to the damages for economic losses, the victims may be entitled to compensation for other damages like suffering and pain. The amount of these damages can be difficult to determine but our expert injury lawyers are skilled in maximizing the value of your claim. The majority of personal injury lawsuits are brought by one plaintiff against multiple defendants, however there are also multi-plaintiff lawsuits such as class actions and mass torts. One or more of these plaintiffs could be a company like a pharmaceutical corporation or an insurance company or it could be an person who is similar to you. In injury lawyer boynton beach , multiple parties could be held accountable depending on the evidence provided by each plaintiff and the findings of an investigation. Contact us immediately if are injured due to another's negligence or wrongdoing.