What Makes Injury Legal?

Injury legal is a term used to define the harm or loss suffered by an individual due to an individual's negligent or unlawful actions. It is a part of tort law.

The most obvious accident is a bodily affliction, which includes concussions, whiplash, and broken bones. It is imperative to seek medical assistance for these injuries.

Statute of limitations

The law provides an amount of time, referred to as the statute of limitations within which an injured person has the option of filing a lawsuit. If you fail to comply with the statute of limitations, your claim is "time-barred" and you will not be able obtain compensation for your losses. The details of the statute of limitation vary between states, and each kind of case has its own specific time frame, as well.

The "clock" of the statute of limitations typically begins to tick when the accident or incident which caused the injury occurs. However, there are several exceptions that may extend the time to file an action. The discovery rule is a prime exception. It states that the clock for the statute of limitations will not begin until the injury has been discovered or should have reasonably been discovered. This is seen most often when conditions are hidden, such asbestos or certain medical malpractice claims.

Another exemption is for minors who have a year from their 18th birthday when they can initiate legal proceedings even though the statute of limitations typically runs before they reach age 19. There is also the "tolling" provision, which suspends the statute of limitation during certain circumstances, such as military service, or involuntary mental health obligations. Finally, there is the extension of the statute of limitations for injuries fraud or willful deception.

Damages

Damages are the compensation paid to the victim in the aftermath of an act of wrongdoing or tort. There are two kinds of damages - compensatory and punitive. Compensation damages are designed to compensate plaintiffs and make them whole after an injury. Punitive damages are designed to punish the defendants for fraudulent acts, devious acts that caused harm, or for gross negligence.

The amount of damages awarded is highly subjective and based upon the unique circumstances of each case. A personal injury lawyer who has experience can assist you in documenting your losses in full. This will improve your chances of receiving the highest amount of compensation that is possible. For instance, your lawyer may use expert witnesses to testify on the severity of your pain and suffering, or a psychologist or psychiatrist expert witness to bolster your claim for emotional distress.

To receive the most compensation, you must record your losses now and in the future. Your lawyer will assist you to keep detailed records of 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 making estimates based on your injury's permanent impairment or disability which requires the assistance of experts.

If the defendant does not have enough insurance to cover your claims, you could be able to pursue an injunction against them. This can be very difficult unless the defendant has a substantial amount of assets or is a company with multiple assets.

Statute of Repose

There are some differences between statutes of limitation and statutes de repose. Both restrict the time a plaintiff is able to file a claim claiming injury however, there are some resemblances. Statutes are procedural, forward-looking and substantive.

In a nutshell an esoteric sense, a statute or repose is a law that sets the deadline by which legal actions are barredbut without the same exemptions as a statute of limitation. A statute of repose is often applied to product liability suits and medical malpractice claims.

The main difference is that a statute begins to run following an event, while the statute of limitations usually begins when the plaintiff notices or suffers the loss. This is a concern in product liability cases. It can take years before a plaintiff buys and uses a product and the company becomes aware of any issues.

Because of these differences, it's important for victims of injuries to speak with a personal injury attorney near them prior to when the applicable statutes of limitations and repose statutes run out. Michael Ksiazek, a partner in Stark & Stark’s Yardley office, focuses on Accident and Injury Law. Contact him now for a free consultation.

Duty of Care

A duty of care is the obligation that one owes to others to use reasonable caution when doing something that could result in harm. If someone fails to fulfill a duty of care and someone is injured as a result, this is considered to be negligence. A business or individual has the obligation of care to the public in many situations. This includes doctors who are preparing tax returns, injuries accountants preparing tax returns and store owners removing snow from sidewalks to ensure people don't get injury themselves.

To successfully claim damages in a tort lawsuit, you will need to prove that the party who injured you was bound by the duty of care, and that they breached their duty of care, and that their breach was the primary and direct reason for your injury. The standard of care is usually determined by what other doctors do in similar circumstances. If a surgeon performs surgery in the wrong place, this may be considered an infraction of duty since other surgeons would have follow the chart in similar circumstances.

It is also important to note that the standard of care cannot be high enough to create a liability that is unlimited for all parties. In jury trials, and in bench trials, the balance is carefully evaluated by juries as well as judges.