What Makes Injury Legal?

The term injury legal is used to describe the damage, loss or damage that an person suffers from the negligence of another person's or wrongful actions. It is a part of tort law.

The most obvious form of injury is one that's bodily which includes things such as concussion, whiplash and broken bones. These injuries should be treated by medical professionals.

Statute of limitations

The law sets a timeframe, called the statute of limitations within which an injured person can file a lawsuit. If you don't comply with the statute of limitations, your claim will be "time-barred" and you will not be able to get compensation for your losses. The time limit for a claim varies from state to state and depending on the type of claim.

The "clock" of the statute of limitations typically begins to tick when the accident or incident that caused the injury occurs. However, there are many exceptions that could extend the time 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 should have been discovered. This is usually seen in cases where injuries are hidden, such as asbestos or certain medical malpractice claims.

Another exception applies to minors, who have a year after their 18th birthday when they can initiate litigation, even while the statute of limitation typically runs before they reach the age of 19. There is also the "tolling" provision that suspends the limitations period in certain circumstances and events like military service and involuntary mental hospitalization. The statute of limitations could be extended in the event of fraudulent misrepresentation or intentional concealment.

Damages

Damages are the amount of compensation that is paid to the victim of an act of tort (wrongful act). There are two types of damages: punitive and compensatory. Compensatory damages are intended to compensate plaintiffs and restore them to their fullness after an injury. Punitive damages are used to penalize defendants for fraud, malicious acts that caused harm, or gross negligence.

The amount of damages awarded is highly subjective and based upon the unique circumstances of each case. A seasoned personal injury lawyer can assist you in determining the totality of your losses. This increases your odds of obtaining the highest amount possible. For instance your lawyer could use experts as witnesses to prove the extent of your pain and suffering and psychologist or psychiatrist expert witness to strengthen your claim for emotional distress.

To get the maximum amount of compensation, you must have careful documentation of your present and injuries future economic losses. Your attorney will assist with keeping detailed documents of the expenses and financial losses you have incurred, as well as calculating the amount of future lost income. Experts are often required to calculate estimates based upon the permanent impairment or disability caused by your injury.

If the defendant has insufficient insurance coverage to pay your claims, you can pursue a civil judgment against them personally. This isn't always easy unless the defendant is a major company or has multiple assets.

Statute of Repose

There are some distinctions between statutes of limitation and statutes de repose. Both restrict the time that a plaintiff can bring a claim for injury however, there are some commonalities. Statutes of limitations are a procedural and forward-looking law while statutes of repose are substantive and retro-looking.

In a nutshell an esoteric sense, a statute or repose is a law that establishes the deadline by which legal actions are barredbut without the same exemptions as the statute of limitations. A statute of repose is typically applied to construction defect lawsuits, products liability suits and medical malpractice claims.

The main difference is that a statute starts to run after an event, while a statue of limitations usually begins when the plaintiff is aware of or suffers a loss. This is a concern in product liability cases for instance, because it could take a long time for the plaintiff to purchase and use a particular product before the company was aware of any defect.

Because of these differences, it is important to ensure that victims of injuries consult an attorney prior to the applicable statutes expire. Michael Ksiazek is a partner at Stark and Stark's Yardley, PA office and focuses on Accident & Personal Injury Law. Contact him today for a no-obligation consultation.

Duty of Care

A duty of care is a duty one owes to others to exercise reasonable caution when performing a task that could be predicted to cause harm. If a person fails meet a duty of diligence and suffers injury as a result, this is considered to be negligence. A business or individual has a duty of caring to the public in various situations. This includes doctors who are preparing tax returns, accountants working on tax returns and store owners removing snow from sidewalks so that people don't get hurt themselves.

To successfully seek damages in a tort case you must prove that the party who injured you was bound by an obligation of care, and that they breached their duty of care, and that their negligence was the primary and most direct cause of your injury. The standard of care is typically determined by what other experts would do under similar circumstances. If a surgeon makes a surgical procedure in the wrong leg the procedure could be regarded as unprofessional conduct, because other surgeons would take the correct chart under similar circumstances.

It is vital to note, too, that the standard of care must not be too high that it imposes an unlimited liability on all parties. It is a balance which is vetted by juries in jury trials, as well as judges in bench trials.