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What Is Injury Law? The law of injury focuses on civil wrongs that can cause damage to your body, mind, and even your emotions. The goal of a successful lawsuit is to get the amount of money you paid for damages like medical bills, discomfort and pain. It's hard to avoid injuries like this, however it is important to be as safe as possible. For example, if you are going to fall backwards, rotate your head and block it by using your arms. Negligence A person who suffers injuries or other losses as a result of negligence of another's can file a negligence lawsuit and seek financial compensation. However, the claimant must first prove four factors to establish their claim: breach of duty of duty, 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. For example, a driver must adhere to traffic laws in order to avoid injuries and accidents to others on the road. A doctor is required to provide patients with the care similar to that a similarly trained medical professional would provide in similar circumstances. A lawyer may utilize expert testimony to prove that the defendant's conduct was below industry standards. To prevail in a negligence case the plaintiff must prove that the defendant's breach of duty was the direct cause for their injury. This is known as legal causation. A competent personal injury lawyer will claim that the actions of the defendant could have been the sole reason for their injuries. The plaintiff must prove that their injuries have caused real financial losses for example, lost income and medical bills. A more serious type of negligence is gross negligence, which entails an absolute lack of concern for the safety of others. Gross negligence is when a nursing facility fails to change bandages on patients for a period of time. In some states, defendants may be able to use a defense referred to as contributory negligence to stop the plaintiff from claiming damages. Statute of Limitations If the negligent actions of another or reckless disregard for your safety leads you to be injured, the law provides the victim with a certain period of time to start a lawsuit, which is known as the statute of limitations. This time limit is established by the state legislature to ensure timely filing and avoid unreasonable delays. The time frame for filing a claim is different from state to state, and for different types of injuries to the next. For instance, in Pennsylvania personal injury cases, such as car accidents, you generally have two years from the date of the accident to submit a claim. However, certain claims could be subject to what is known as the discovery rule. This means that the statute of limitations will not start until the injury is discovered or should reasonably have been discovered. In some cases, like ones involving intentional crimes such as assaults and false imprisonment, as well as defamation and intentional infliction emotional distress, the limitations period can be extended. It is also possible for a statute of limitation to be waived or tolled such as in the instance of minors or a person who is in prison or on military duty. If you try to file a lawsuit after the statute of limitation has expired, your case may be dismissed without hearing. Therefore, it is important to consult with an experienced injury lawyer prior to when the statute runs out. Damages Many of the costs associated with injuries come with cost. These are referred to 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 sums. The law limits the amount you can recover from special damages. Other losses don't come with an estimated price and can be difficult to quantify like the pain and suffering, loss of enjoyment in life and other intangible harms. It isn't easy to assign an amount for subjective losses like emotional distress or physical discomfort, but lawyers and insurance companies make use of formulas to quantify them. For example, a plaintiff in a personal injury case for whiplash could have sustained serious injuries that cause many pains and difficulty to their day-to-day life. They may have to seek help with chores around their home, eat differently, and not be able to participate in recreational events or gatherings with friends. The victim may experience an impairment in enjoyment, that can be compensated through general damages. To estimate the value for an action for general damages, lawyers or insurers typically begin by calculating the total of medical special damages. They then add the value of any lost income. They then multiply that number by a number ranging from 1.5 to 5. The higher multipliers are generally associated with more serious injuries. Liability In law, the word “liability” refers to a person who is found liable for harm or injury. It could be due to negligence or strict liability. The concept of negligence is the foundation of the majority of lawsuits for injuries. Negligence refers to the failure to act with a reasonable degree of care under the circumstances. Jurors consider what a reasonable person would have done in similar circumstances, and then determine whether the defendant's action or inaction broke this standard. Certain injury cases are solely based on strict liability. For example, when defective products are the reason for injuries. Victims could also be entitled to compensation, in addition to economic damages, for non-economic losses like discomfort and pain. It's difficult to quantify these damages however our injury lawyers are experienced in maximizing the value of your claim. injury lawyer murfreesboro are multi-plaintiff, such as mass torts or class actions. These plaintiffs could be companies, such as an insurance company or pharmaceutical company or they could be individuals just like you. In these cases, several parties may be held responsible according to the evidence presented by each plaintiff and the results of an investigation. If you've suffered injuries due to the negligence of someone else or due to a wrongdoing and you are injured, call us immediately to discuss your case.