What Makes Injury Legal?

The term injury legal is used to describe the harm or loss an person suffers of another's negligence or indefensible actions. It falls under tort law.

The most obvious damage is a bodily injury which can include concussions whiplash, and broken bones. These injuries must be treated by a medical professional.

Statute of Limitations

The law provides an amount of time, referred to 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 person who was injured cannot claim compensation for their losses. The particulars of the statute of limitations differ between states, and each kind of case has its own specific time period as well.

The "clock" of the statute of limitations typically begins to tick when the accident or incident that caused the injury occurs. There are a few exceptions to the standard that may delay the filing of a lawsuit. One of these exceptions is known as the discovery rule, which states that the clock of statute of limitations is not set until the injury is discovered or could have been discovered. This is usually seen in cases where injuries are concealed, such as asbestos or certain medical malpractice claims.

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

Damages

Damages are a form of compensation that is given to the victim after a tort or wrongdoing. There are two types of damages: compensatory and punitive. Compensatory damages are meant to compensate the plaintiffs and restore them to their fullness after an injury. Punitive damages are intended to penalize defendants who committed fraudulent acts, devious acts that caused harm, or gross negligence.

The amount of damages is highly subjective, and based on the specific facts of each case. A personal injury lawyers lawyer who has experience can assist you with logging the full extent of your losses. This increases your odds of obtaining the largest amount possible. For instance, your lawyer may use experts as witnesses to prove the severity of your pain and suffering and psychological or psychiatric expert witness to strengthen your emotional distress claim.

To get the maximum compensation, you must record your current and future losses. Your attorney will help you keep meticulous records of the financial losses and expenses incurred as well as the value of your future lost income. This can be a bit complicated and often involves formulating estimates based on your injury's permanent impairment or disability which requires the assistance of experts.

If the defendant has insufficient insurance coverage to cover your claims, you are able to 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

While statutes of limitations and statutes of repose both restrict the time a plaintiff must wait to file a claim for damages There are a few notable distinctions between the two. Statutes of limitations are procedural and forward-looking, whereas statutes of repose are substantive and backward-looking.

A statute of repose, also known as a statute, is a law which establishes a time frame that must be met before legal action is closed - without the exceptions that a statute or limitations would provide. A statute of repose is often applied to lawsuits involving construction defects, products liability suits, and medical malpractice claims.

The main difference is that while a statute of limitations typically is in effect when the plaintiff is injured or learns of their loss however, a statute of repose usually begins to run when an incident triggers it. This can be a problem in cases involving product liability. It could take a long time before a plaintiff purchases and utilizes a product and the company becomes aware of any defects.

Because of these differences in the law, it is essential that injury victims consult with an attorney before the applicable statutes expire. Michael Ksiazek is a partner at Stark and Stark's Yardley, PA office and is focused on Accident & 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 use reasonable caution when performing activities that could cause harm. If a person fails fulfill a duty of care and someone is injured because of it, this is considered to be a case of negligence. There are a variety of situations where a person company is bound by a duty of care to the public, for example doctors and accountants preparing taxes and injuries store owners removing snow and injuries ice off the sidewalks to avoid people falling and causing injury to themselves.

To be able to claim damages in a negligence case, you must prove that the party who injured you was obligations to you and breached their duty of duty and that their negligence caused your injury. The standard of care is generally determined by what other experts would do under similar circumstances. For example the case where a physician performs surgery on the wrong leg, it may be considered to be a breach of obligation because other surgeons in similar circumstances will likely examine the patient's chart in a correct manner.

It is important to keep in mind, too, that the standard of care must not be so high that it imposes no limit on liability for all parties. In jury trials, as well as in bench trials, the balance is carefully evaluated by juries as well as judges.