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What Is Injury Law? Injury law deals with civil wrongs which can affect your body, mind and emotional. The goal of a successful injury lawsuit is to recover an amount of money to compensate for damages, such as medical bills, suffering and pain. It is difficult to avoid injuries such as this, but it's essential to take precautions as much as possible. If you're prone to falling forward, tilt your head to protect it and use your arms. Negligence Anyone who has suffered injuries or other damages as a result of the negligence of another person can make a claim for negligence and seek financial compensation. However, the claimant must first prove four elements to establish their case: breach of duty, breach, causation and damages. Negligence is defined as the failure to act with the level of care that reasonable prudent people would have in similar situations. For instance, a driver should obey traffic laws to avoid injuries and accidents to other people on the road. A doctor has a duty to provide patients with the kind of care that a similarly qualified medical professional would provide in similar situations. Lawyers may also rely on experts to prove that the defendant's conduct fell below industry norms. To be successful in a negligence claim, the plaintiff has to prove that the defendant's breach of duty was the direct cause of their injuries. This is known as legal causation. A skilled personal injury lawyer will argue that the defendant's actions could have been the sole cause of their injuries. The plaintiff must show that their injuries led to verifiable monetary loss, such as lost income and medical bills. A more serious type of negligence is gross negligence. It involves a complete lack of concern for the safety of others. A nursing home that isn't able to change a patient's bandages for a period of time is an instance of gross negligence. In certain states, defendants may use a defense called contributory negligence to prevent the plaintiff from seeking damages. Statute of limitations If someone else's negligence or careless disregard for your safety cause you to be injured or suffer injury, the law allows a limited amount of time to start a lawsuit, which is known as the statute of limitations. This limit is set by the state's legislature to encourage timely filing and to prevent unreasonable delays. The time limit for filing a claim varies from one state to another and also from type of injury to type of injury. In Pennsylvania for instance car accidents, for instance allow for two years to submit a personal injury claim. However, some claims may be subject to what is known as the discovery rule, which means that the statute of limitations doesn't begin until the injury has been discovered or should reasonably have been discovered. In certain circumstances, such as those involving intentional torts, such as assaults and false imprisonment, as well as defamation or intentional infliction of emotional distress, the limitation period can be extended. It is also possible for a statute of limitation to be tolled or waived, such as in the case of minors or a person who is in prison or on military duty. If you attempt to file a lawsuit after the statute of limitation has expired, your lawsuit could be dismissed without hearing. Therefore, it is important to speak with an experienced attorney for injury before the statute expires. Damages Many expenses associated with an injury can be attributed to cost. These are known as special damages and may include medical expenses, out-of-pocket expenses, lost wages, the cost to repair or replace your property, and other fixed sums. The law limits the amount you can recover in special damages. Other losses are harder to quantify, for instance suffering and pain, loss in enjoyment of life, and other non-tangible harms. Putting a dollar amount on subjective losses such as emotional distress or physical pain can be difficult but lawyers and insurance companies employ formulas to attempt to quantify them. A person who is the plaintiff in a whiplash case, for example might have sustained serious injuries that impact their daily life. injury lawyer miami gardens may have to ask for help with household chores, eat differently and may be unable to participate in social or recreational activities. The victim may experience a loss in enjoyment, which can be recouped as general damages. To determine the value of an action for general damages, attorneys or insurers typically begin by calculating the total of medical special damages. They then add the value of any lost income. They then multiply this by a figure between 1.5 and 5. The more severe injuries usually result in higher multipliers. Liability In law legal terms, liability refers the party found responsible for an injury or harm. It could be due to strict liability or negligence. Negligence is the basis for most lawsuits involving injuries. Negligence refers to the failure to act with a reasonable amount of diligence in the circumstances. Jurors consider what a reasonable person would have done in similar circumstances and decide if the defendant's actions or inaction broke this standard. However, some injury cases are based on strict liability, like the case where a defective product causes injuries. In addition to the damages for economic losses, victims could be entitled to compensation for non-economic losses such as suffering and pain. The amount of these damages can be difficult to place a value on but our experienced injury lawyers are adept at maximizing the value of your claim. Certain personal injury lawsuits are multi-plaintiff cases which include mass torts or class actions. One or more of these plaintiffs could be a corporation like a pharmaceutical company or an insurance company or it could be another individual like you. In these cases, multiple parties may be held responsible depending on the evidence provided by each plaintiff and results of an investigation. If you've been hurt by someone else's negligence or wrongdoing Contact us as soon as possible to discuss your case.