What Makes Injury Legal?

The term "injury law firms legal" is used to define the harm or loss that a person suffers as a result of the negligence or wrongdoing of another's actions. It is a part of the tort law.

The most obvious damage is a bodily injury that includes concussions, whiplash, broken bones, injured and concussions. It is important to seek medical treatment for these injuries.

Statute of Limitations

The law sets a deadline, called the statute of limitations, within which an injured party can make a claim. If you don't comply with the statute of limitations, your claim is "time-barred" and you will not be able claim compensation for your losses. The particulars of the statute of limitations vary from state to state, and each kind of claim has its own particular time frame as well.

The "clock" of the statute of limitations typically starts to tick when an accident or incident which caused the injury occurs. However, there are some exceptions that may extend the time needed to file a lawsuit. One of them is known as the discovery rule, which states that the statute of limitations clock cannot begin until the injury is discovered or reasonably could have been discovered. This is most commonly seen in cases where injuries are concealed, such as asbestos or certain medical malpractice claims.

A minor can also be granted an extra year to file a lawsuit, even that the statute would typically expire before turning 19. Then there is the "tolling" provision that suspends the statute of limitations during certain events or circumstances like military service or involuntary mental health obligations. Then, there's the extension of the statute of limitations for willful concealment or fraudulent false representation.

Damages

Damages are compensation given to the victim following a tort or wrongdoing. There are two types of damages: punitive and compensatory. Compensatory damages are meant to compensate plaintiffs for their losses, and are intended to help them recover after an injury, while punitive damages punish a defendant for fraud, a wrongful act that caused harm or reckless negligence.

The amount of damages awarded is dependent and based on the specific facts of each case. A personal injury lawyer with years of experience can help you document your full losses. This will increase your chances of obtaining the highest amount possible. Your lawyer might call in experts to explain the severity of your suffering or to back up your claim for emotional distress.

In order to receive the maximum amount of compensation, it is essential to document your current and future losses. Your attorney will help you keep a detailed record of all expenses and financial loss incurred as well as the amount of the future loss of income. This can be a bit complicated and usually involves the calculation of estimates based upon the permanent impairment caused by your injury or disability, which requires the assistance of experts.

If the defendant does not have enough insurance to cover your claims, you might be able to seek an injunction against them. This can be a challenge unless the defendant is a large corporation or has multiple assets.

Statute of Repose

While statutes of limitations and statutes of repose limit the amount of time that a plaintiff has to file an injury claim however, there are some significant differences between the two. Statutes are procedural, forward-looking and substantive.

A statute of repose, in short, is a law which establishes a time frame when legal action can be prohibited - with the same exceptions that a statute or limitations. A statute of repose can be used in product liability suits, and medical malpractice claims.

The main distinction is that the statute of limitations typically is in effect when the plaintiff is hurt or becomes aware of their loss however, a statute of repose generally begins to run when an incident triggers it. This can be an issue in product liability cases for instance, since it could take years for a plaintiff to purchase and use a particular product before the company is aware of any flaws.

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

Duty of Care

A duty of care is an obligation that a person owes others to exercise reasonable caution when performing a task that could foreseeably cause harm. If a person fails to meet a duty of diligence and suffers injury as a result, this is deemed to be negligence. There are many instances where a person company is bound by a duty of care to the public, including accountants and doctors who prepare tax returns and store owners cleaning snow and ice off the sidewalks to avoid people falling and causing injury to themselves.

To successfully seek damages in a tort claim, you will need to show that the person who injured you was bound by a duty of care, and that they breached their duty of care, and that their breach was the sole and primary reason for your injury. The norm of care is usually determined by what other experts would do in similar circumstances. For example in the event that a doctor does surgery on the wrong leg, it could be deemed a breach of duty because other surgeons working in similar circumstances would most likely read the patient's chart correctly.

It is vital to note, too, that the standard of care should not be enough to impose an unlimited liability on all parties. In jury trials, and in bench trials the balance is examined by both juries and judges.