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What Is Injury Law? Injury law focuses on civil offenses that cause damage to your body, emotions and mind. The aim of an injury lawsuit is to recover an amount of money to compensate for damages, such as medical bills, pain and suffering. It is difficult to avoid injuries, but you should take every precaution to protect yourself. For instance, if you are going to fall backwards, you should turn your head and shield it with your arms. Negligence Someone who has suffered injuries or other injuries as a result the negligence of another person can bring a lawsuit against the negligent party and seek financial compensation. To prove their case the plaintiff must prove four things that are: breach of duty, causation, and damages. Negligence is the inability to act in a manner that an ordinary person would under similar circumstances. For example, a driver must obey traffic laws in order to prevent accidents and harm to others on the road. A doctor is required to provide patients with the care that a similarly trained medical professional would give in similar circumstances. Lawyers can use 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 show 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 reason for the plaintiff's injuries. The plaintiff must show that their injuries resulted in a verifiable financial loss, like medical bills or loss of income. Gross negligence is a more serious type of negligence since it is reckless disregard for the safety of others. Gross negligence is the case when a nursing home is not able to change bandages for the patient for a number of days. In certain states, defendants can use a defense called contributory negligence to prevent the plaintiff from claiming damage. Statute of Limitations If someone else's negligence or careless disregard for your safety leads injuries to you, the law provides an unspecified amount of time to start a lawsuit, which is known as the statute of limitations. This limit, set by the legislature of the state, is designed to encourage timely filing and to prevent unreasonable delay. The statute of limitations varies from state to state and from one type of injury to the next. For instance, in Pennsylvania personal injuries such as car accidents, you generally have two years from the date of the accident to submit a claim. However, certain claims can be subjected to the discovery rule. This means that the statute of limitations does not start until the injury is discovered or at least, should have been discovered. In other instances, such as those involving intentional torts, including assaults or false imprisonment, defamation, and deliberate infliction or damage to emotional distress, the statute of limitations is longer. It is also possible for a statute of limitations to be waived or tolled such as in the case of minors or individuals who is incarcerated or serving on military duty. If you attempt to file a lawsuit after the statute of limitation has expired, your case may be dismissed without hearing. It is therefore essential to talk to an experienced injury lawyer prior to when the statute runs out. Damages Many of the costs associated with an injury have the potential for a cost. Special damages include medical expenses out-of-pocket expenses, lost earnings and the cost of fixing or replacing your property, in addition to fixed costs. injury attorney austin limits the amount you can recover in special damages. Other losses don't have a price tag and can be difficult to calculate like suffering and pain, loss of enjoyment in life and other harms that are intangible. In determining a dollar amount for the subjective loss of physical or emotional pain can be challenging but attorneys and insurance companies use formulas to measure these losses. A person who is a plaintiff in a whiplash case, for example, may have suffered serious injuries that impact their daily life. They might have to seek assistance with household chores, eat differently, and miss out socializing or engaging in recreational activities. The victim might experience an absence of enjoyment, and can recover this as general damages. To determine the value of general damages claims, lawyers and insurers typically begin by calculating the total for medical special damages and then add the value of any income losses. They will then multiply that number by a value ranging from 1.5 to 5. Higher multipliers are usually associated with more severe injuries. Liability In law legal terms, liability refers the person who is accountable for an injury or harm. This can be due to strict liability or negligence. The concept of negligence is the basis for most injury claims. Negligence involves failing to act with a reasonable degree of diligence in the circumstances. The jury determines what an average person in similar circumstances would do and decides if the defendant's actions or inactions were in violation of this standard. However, some cases are built on strict liability, like when a defective product results in injuries. Victims may also be entitled to compensation in addition to economic damages, for non-economic losses such as pain and discomfort. The amount of these damages is hard to determine, but our experienced injury lawyers are skilled in maximizing the value your claim. Most personal injury lawsuits involve one plaintiff against several defendants, but some are multi-plaintiff suits like class actions and mass torts. These plaintiffs could be companies such as insurance companies or a pharmaceutical company or they could be individuals like you. In these kinds of cases, several parties could be held liable depending on the evidence presented by each plaintiff and on the findings of an investigation. If you've been injured due to someone else's negligence or wrongdoing and you are injured, call us immediately to discuss your case.