What Makes Injury Legal?

Injury legal is a term used to define the harm or loss suffered by an individual as a result of the negligence or wrongdoing of another's actions. It is a part of tort law.

The most obvious form of injuries is the bodily, which includes things like whiplash, concussion and broken bones. It is essential to seek medical help for these injuries.

Statute of Limitations

The law sets the time frame, also known as the statute of limitations within which an injured party can file an action. Failure to comply with this deadline will result in the claim being "time barred" and the party who was injured will not be able to recover compensation for their losses. The details of the statute of limitation vary from state to state and each type of claim has its own particular time frame, as well.

The statute of limitations "clock" typically starts ticking when the accident or incident that resulted in injury occurs. There are some exceptions to the rule, which can prolong the time required to file a lawsuit. One such exception is known as the discovery rule, which states that the clock of statute of limitations is not set until the injury is discovered or ought to have been discovered. This is usually seen in cases involving hidden conditions, like asbestos exposure or certain medical malpractice claims.

Another exception applies to minors, who have one year from their 18th birthday to initiate litigation even while the statute of limitation will normally expire before they reach age 19. There is also the "tolling" provision that extends the limitation period for injury certain circumstances such as military service or involuntary mental hospitalization. The statute of limitations could be extended for fraudulent misrepresentation or willful concealment.

Damages

Damages are a form of compensation given to the victim of the tort (wrongful act). There are two types of damages - compensatory and punitive. Compensatory damages aim to compensate the plaintiffs and make them whole after an injury. Punitive damages are used to penalize defendants who committed fraud, malicious actions that caused harm or for gross negligence.

The amount of damage is extremely subjective and based on the unique circumstances of each individual case. A seasoned personal injury lawyer can help you document the full extent of your losses. This increases your chances of receiving the maximum amount possible. For example the lawyer might use experts as witnesses to prove the severity of your suffering and pain and psychologist or psychiatrist expert witness to back up your emotional distress claim.

To receive the most compensation, you must carefully record your losses now and in the future. Your lawyer will assist you to keep detailed records of expenses and financial loss incurred and the value of your future income loss. This can be quite complicated and usually involves making estimates based on the permanent impairment caused by your injury or disability that requires the help of experts.

If the defendant is not covered by insurance coverage to cover your claims, you may obtain a civil judgment against them personally. This isn't always easy unless the defendant is a large company or has multiple assets.

Statute of Repose

While statutes of limitations and statutes of repose both limit the time a plaintiff can have to file a claim for injury lawsuit, there are some notable differences between the two. Statutes are procedural, forward-looking and substantive.

A statute of repose, as it's known is a law that establishes a time frame that must be met before legal action is not allowed - without the exceptions as a statute of limitations provide. It is typical for a statute of repose to be applied to construction defect cases, products liability lawsuits, and medical malpractice claims.

The most significant difference is that, while the statute of limitations usually starts to run when a plaintiff is injured or learns of their loss the statute of repose generally begins to run when an incident triggers it. This is a concern in cases involving product liability. It could take years before a plaintiff buys and utilizes a product and the company is aware of any flaws.

Due to these differences and the fact that there are a variety of different laws, it is important for injury victims to consult with a personal injury attorney close to them before the applicable statutes of limitations and statutes of repose run out. Michael Ksiazek is a partner at Stark & Stark's Yardley, PA office and concentrates on Accident and Personal Injury Law. Contact him for a no-obligation consultation.

Duty of Care

A duty of care is the obligation that individuals owe to others to exercise reasonable caution when performing activities which could cause harm. If a person fails comply with a duty and suffers injury because of it, this is deemed to be negligence. A business or individual is bound by a duty of caring to the public in a variety of situations. This includes doctors who are preparing tax returns, accountants who prepare tax returns and store owners removing snow from sidewalks so that people don't get harm themselves.

To be able to claim damages in a case of negligence, you must prove that the party who injured you was a duty of duty and breached their duty duty and that their lapse caused your injury. The level of care required is usually determined by what other professionals do in similar situations. For instance in the event that a doctor does surgery on the wrong leg, it may be considered a breach in duty since other surgeons operating in similar circumstances will likely have read the patient's medical chart correctly.

It is important to remember that the standard of care should not be high enough to make it impossible to impose liability on all parties. It is a balance which is vetted by juries in jury trials, as well as judges in bench trials.