What Is Injury Law?
Injury law deals with civil wrongs that could harm your mind, body 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 hard to avoid injuries, but you need to ensure that you are protected as much as is possible. For example, if you are about to fall backwards, try to turn your head to the side and then shield it with your arms.
Negligence
Someone who suffers injury or other losses due to another's negligent actions may file a lawsuit for negligence and pursue financial compensation. To prove their case the plaintiff will need to establish four elements including breach of duty, causation and damages.
Negligence is when a person fails to act in the manner that a reasonable person would do in similar circumstances. A driver, for example should follow traffic laws to prevent injuries or accidents to other road users. A doctor has a duty to give patients the same level of care that a similarly trained medical professional would give in similar circumstances. A lawyer can also use expert testimony to demonstrate that the defendant's conduct fell far from the norms of the industry.
In order to prevail in a case of negligence, the plaintiff has to prove that the defendant's breach was the main 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 reason for the plaintiff's injuries.
injury lawsuit honolulu must show that their injuries resulted in verifiable monetary loss including medical bills and lost income. Gross negligence is a more serious form of negligence in that it involves an unintentional disregard for the safety of others. Gross negligence is the case when a nursing home fails to change bandages on a patient for several days. In certain states, defendants can use a defense known as contributory negligence to block the plaintiff from claiming damages.
Statute of Limitations
When someone else's negligent actions or careless disregard for your safety cause injuries to you and suffer injuries, the law gives you an unspecified period of time to file a lawsuit, called the statute of limitations. The statute of limitations, as set by the legislature of the state, is intended to encourage prompt filing and avoid unreasonable delays.
The time frame for filing a claim is different from state to state and also 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 make claims. However, some claims may be subject to what's 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 other instances that involve intentional torts such as assaults or false imprisonment, defamation, and intentional infliction on emotional distress the statute of limitations is extended. A statute of limitations can be exempted or tolled in some situations, for instance when a minor is involved, or someone is on military duty or incarcerated.
If you decide to file a suit after the statute of limitations has expired, your case may be dismissed without hearing. Therefore, it is important to consult with an experienced injury lawyer before the statute runs out.
Damages
Many of the expenses caused by injuries have costs. These are known as special damages and may include medical expenses, out of pocket costs, lost wages the cost to repair or replace your property and other fixed amounts. The law does not limit the amount of special damages you can claim.
Other losses are more difficult to quantify, like suffering and pain, loss in enjoyment of life, and other non-tangible harms. It isn't always easy to put a dollar value on subjective losses like physical or emotional discomfort however, lawyers and insurance companies make use of formulas to quantify the amount of these losses.
For instance, a plaintiff in a personal-injury case for whiplash may have suffered significant injuries that bring plenty of pain and stress to their daily life. They might have to ask for help with household chores, have a different diet, and not be able to enjoy social or enjoying leisure activities. The victim may suffer a loss of enjoyment, which can be recouped as general damages.
To determine the value of general damages claims attorneys and insurance companies usually begin by calculating the amount for medical special damages. They then add on the value of any income losses. They will then multiply this figure by a value ranging from 1.5 to 5. The more severe injuries usually result in more multipliers.
Liability
In law, the term "liability refers to a party who is found to be liable for injury or harm. This could be due to negligence or strict liability. Negligence is the basis for most injury claims. Negligence is the failure to act with reasonable care in the circumstances. The jury considers what an average person in similar circumstances would do and then decides whether the defendant's actions or inactions violated the law. However, some cases are founded on strict liability, such as when a defective product causes injuries.
Victims may also be entitled to compensation in addition to economic damages in the event of non-economic damages such as pain and discomfort. It is difficult to value these damages however, our injury attorneys are adept at maximizing your claim's value.
The majority of personal injury lawsuits involve one plaintiff against a number of defendants, but there are some that are multi-plaintiff cases like class actions and mass torts. These plaintiffs can be corporations such as insurance companies or a pharmaceutical company or they could be individuals just like you. In these kinds of cases, multiple parties can be held accountable based on the evidence provided by each plaintiff as well as the results of an investigation. Contact us immediately if you have been injured by another's negligence or wrongdoing.