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What Is Injury Law? Injury law deals with civil wrongs that could affect your body, mind and emotional. injury settlement south carolina of an injury lawsuit is to recover monetary compensation for damages like medical bills, pain and suffering. It's difficult to avoid such injuries, but you need to be sure to safeguard yourself as much as you can. For instance, if you will fall backwards, make sure to turn your head around and protect it by 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 establish their case, the plaintiff will need to prove four things: duty, breach of duty, causation and damages. Negligence is when a person fails to act in a way that reasonable people would act under similar circumstances. For instance, a driver must obey traffic laws to avoid accidents and injury to others on the road. A doctor is required to treat patients in the same way that medical professionals with similar training would do under similar circumstances. A lawyer may also rely on experts to prove that the defendant's behavior was below industry norms. To win a negligence claim, the plaintiff must demonstrate that the defendant's breach of duty was a direct cause for their injury. This is known as legal causation. A skilled personal injury lawyer will argue that the actions of the defendant could have been the sole reason for their injuries. The plaintiff must show that their injuries led to an actual loss of money like lost income and medical bills. Gross negligence is a more serious form of negligence since it is reckless disregard for the safety of others. A nursing home that fails to change the patient's bandages after a few days is an example of gross negligence. In some states, defendants may use a defense called contributory negligence to stop the plaintiff from claiming damages. Statute of Limitations The statute of limitations is the period of time which you must file a claim if someone negligence or reckless disregard of your safety results in harm. This time limit, set by the legislature of the state, is designed to encourage prompt filing and prevent unreasonable delay. The statute of limitation varies between states and also according to the kind of injury. In Pennsylvania, for example, car accidents, you have two years to file a personal injury claim. However, certain claims can be subject to the discovery rule. This means that the statute of limitations does not begin until the injury is discovered, or could have been reasonably discovered. In other cases like those that involve intentional torts such as assaults, 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 limitations to be waived or tolled, such as in the instance of an individual who is a minor or who is incarcerated or serving on military duty. If you decide to file a suit after the statute of limitations has been reached, your case may be dismissed without hearing. This is why it is important to speak with an experienced lawyer for injury before the statute of limitations runs out. Damages A variety of costs associated with an injury can be attributed to the price tag. Special damages include medical costs, out-of-pocket expenses, lost wages and the cost of repair or replacement of your property, among other fixed amounts. The law does not restrict the amount of special damages you can recover. Other losses are harder to quantify, including suffering and pain and loss of enjoyment of life, and other non-tangible harms. The process of putting a dollar value on subjective losses like emotional distress or physical pain can be challenging but attorneys and insurance companies use formulas to measure these losses. A plaintiff in a sever whiplash case, for instance could have suffered severe injuries that impact their daily life. They may require help with chores around the home, eat in a different way and avoid recreational events or gatherings with friends. The victim may experience a loss of enjoyment, which can be recovered as general damages. To determine the value of a claim for general damages attorneys and insurance companies usually begin by calculating the total for medical special damages. They then add the value of any income losses. They will then multiply that number by a number ranging from 1.5 to 5. Higher multipliers are often associated with more severe injuries. Liability In law, the term liability refers to a person who is held liable for harm or injury. This can be due either to strict liability or negligence. The majority of injury claims are based on the notion of negligence. Negligence involves failing to act with a reasonable degree of diligence in the circumstances. Jurors evaluate what reasonable people would have done in similar circumstances and decide if the defendant's actions or inaction violated the standard. However, certain injury cases are founded on strict liability, like the case where a defective product causes injuries. Victims could also be entitled to compensation, in addition to the economic damages, for non-economic losses such as discomfort and pain. The amount of these damages is difficult to place a value on, but our experienced lawyer for injuries are adept in maximizing the value your claim. Most personal injury lawsuits involve one plaintiff against several defendants, however there are also multi-plaintiff lawsuits like class actions or mass torts. The plaintiffs could be corporations, such as insurance companies or a pharmaceutical firm, or they could be individuals such as you. In these instances, multiple parties could be held accountable depending on the evidence offered by each plaintiff and results of an investigation. Contact us right away if you have been injured due to someone else's negligence or wrongdoing.