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What Is Injury Law? injury law firm kentucky of injury is focused on civil infringements that could cause harm to your body, emotions and mind. The goal of a successful injury lawsuit is to recover monetary compensation for damages like medical bills, pain and suffering. It's difficult to avoid such injuries, but you should ensure that you are protected as much as is possible. For instance, if you are about to fall backwards, try to rotate your head and block it by your arms. Negligence Someone who suffers injury or other losses due to the negligence of another may file a lawsuit for negligence and pursue financial compensation. However, the claimant must first prove four factors to establish their case: breach of duty, breach of duty, causation and damages. Negligence is defined as the inability to exercise the level of care that a reasonably prudent person would have in similar circumstances. For example, a driver must obey traffic laws to avoid accidents and injury to other people on the road. A doctor is obliged to provide patients with the same care similar to that a similarly trained medical professional would provide in similar situations. A lawyer may also rely on experts to prove that the defendant's conduct was short of the standards set by industry. To prevail in a negligence case the plaintiff must prove that the defendant's breach of duty was a direct cause of their injuries. This is referred to as legal causation. A good personal injury lawyer will argue that the defendant’s actions were the sole cause of the plaintiff's injuries. The plaintiff must demonstrate that their injuries caused an actual financial loss, for example medical bills or lost income. Gross negligence is the most serious form of negligence because it entails reckless disregard for the safety of others. A nursing home that fails to change the patient's bandages for a period of time is an example of gross negligence. In some states, defendants are able to use a defense known as contributory negligence to bar the plaintiff from claiming damages. Statute of limitations The statute of limitations is the time period in which you are required to submit a claim when someone is negligent or careless of your safety results in harm. This time limit, set by the legislature of the state, is intended to encourage timeliness in filing and avoid unreasonable delays. The time period for filing a claim differs from state to state and also depending on the type of injury to the next. For instance in Pennsylvania personal injury cases, such as car accidents, you typically have two years from the date of your accident to file an action. However, certain claims could be subject to what is called the discovery rule, which means that the statute of limitations does not begin until the injury has been discovered or should reasonably have been discovered. In other cases, such as those involving intentional torts such as assaults and defamation, false imprisonment, and deliberate infliction or damage to emotional distress the statute of limitations is 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 incarcerated or serving on military duty. If you try to file a suit after the statute of limitation has expired, your lawsuit could be dismissed without hearing. This is why it is important to speak with an experienced injury attorney well before the statute of limitations expires. Damages Many of the costs associated with an injury come with the price tag. Special damages include medical expenses cost-out-of-pocket, lost wages and the cost of fixing or replacing your property, in addition to other fixed costs. The law does not limit the amount of these damages you can claim. Other losses don't have a price tag and can be difficult to calculate for example, pain and suffering, loss of enjoyment from life, and other intangible harms. Putting a dollar amount on subjective losses like emotional distress or physical pain can be challenging, but attorneys and insurance companies use formulas to attempt to quantify them. A plaintiff in a sever whiplash case, for example might have suffered serious injuries that impact their daily lives. They may need assistance with chores around the house, eat differently and avoid recreational events or gatherings with friends. The victim might experience an absence of pleasure and this is recoverable as general damages. To estimate the value of a claim 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 this by a figure between 1.5 and 5. Higher multipliers are usually associated with more severe injuries. Liability In law, the term “liability refers to a person who is found to be liable for harm or injury. This could be due negligence or strict liability. Negligence is the basis for a majority of lawsuits involving injuries. Negligence is the failure to exercise with reasonable care under the circumstances. The jury will determine what an average person in similar circumstances would have done and then decides if the defendant's actions or inactions violated the law. However, certain injury cases are built on strict liability, like when a defective product results in injuries. In addition to the damages for economic losses, victims might be entitled to compensation for other damages such as pain and suffering. The amount of these damages can be difficult to quantify but our expert injury lawyers are skilled at maximizing the value of your claim. Most personal injury lawsuits are brought by one plaintiff against a number of defendants, but some are multi-plaintiff suits like class actions or mass torts. One or more of these plaintiffs could be a corporate entity like a pharmaceutical corporation or an insurance company, or it could be an individual who shares your. In these kinds of cases, multiple parties can be held responsible based on the evidence provided by each plaintiff and the results of an investigation. If you've been hurt by the negligence of someone else or due to a wrongdoing and you are injured, call us immediately to discuss your case.