What Makes Injury Legal?

Legal injury is a term used to define the harm or loss sustained by a person as a result of the negligence or wrongdoing of another's actions. It is a part of the tort law.

The most obvious type of injury is a bodily one, which includes things like whiplash, concussions, and injury broken bones. It is crucial to seek medical help for these injuries.

Statute of Limitations

The law imposes an expiration date, known as the statute of limitations in which an injured party can file an action. Failing to do so will result in the claim being "time barred" and the victim will not be able to recover compensation for their losses. The details of the statute of limitations vary between states, and each type of claim has its own particular 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 some exceptions that could prolong the time to file lawsuits. One such exception is known as the discovery rule which states that the clock of statute of limitations cannot begin until the injury is discovered or reasonably could have been discovered. This is typically seen in cases involving hidden issues, such as asbestos exposure or certain medical malpractice claims.

A minor may be granted an additional year to file a lawsuit, even when the statute of limitations would typically expire prior to turning 19. Then there is the "tolling" provision, which suspends the statute of limitation during certain circumstances, such as military service, or involuntary mental health commitments. Finally, there is the statute of limitations extension for willful concealment or fraudulent deception.

Damages

Damages are compensation given to the victim in the aftermath of the commission of a wrongdoing or a tort. There are two kinds of damages - compensatory and punitive. Compensatory damages are intended to compensate plaintiffs and ensure they are fully compensated after an injury. Punitive damages are meant to penalize defendants who committed fraudulent acts, devious acts that caused harm, or gross negligence.

The amount of damages is highly subjective, and is based on the unique circumstances of each individual case. A personal injury lawyer with experience can assist you with logging your entire loss. This will increase your odds of obtaining the maximum amount of compensation that is possible. For example the lawyer might use expert witnesses to testify on the severity of your suffering and pain, or a psychologist or psychiatrist expert witness to bolster your claim for emotional distress.

To receive the highest amount of amount of compensation, you should carefully document your losses now and in the future. Your lawyer will assist you in keeping meticulous records of the expenses and financial losses incurred, and also calculating the value of future lost income. Experts are often needed to estimate the value of your claim based on the permanent impairment or disability of your injury.

If the defendant does not have enough insurance coverage to cover your claims, you are able to obtain a civil judgment against them personally. This can be difficult unless the defendant is a major corporation or has multiple assets.

Statute of Repose

While statutes of limitations and statutes of repose restrict the time that a plaintiff has to file a claim for damages However, there are some important differences between the two. Statutes are procedural, forward-looking and substantive.

A statute of repose, or in other words it is a law that gives a time limit that must be met before legal action is prohibited - with the same limitations that a statute limitations have. It is typical for a statute of repose to be applied to construction defect cases, product liability lawsuits, as well as medical malpractice claims.

The most significant difference is that whereas the statute of limitations typically begins to run when the plaintiff suffers injury or is aware of their loss and a statute of restraint generally begins to run when an event triggers it. This is a concern in product liability cases. It can take years before a plaintiff purchases and uses a product and the company is aware of any issues.

Due to these distinctions due to these differences, it is imperative that victims of injury consult a personal attorney before the statutes that apply to them expire. Michael Ksiazek is a partner at Stark & Stark's Yardley, PA office and concentrates on Accident and Personal injury attorney Law. Contact him for a free consultation.

Duty of Care

A duty of care is a duty one owes to others to exercise reasonable care in doing anything that could be predicted to cause harm. If someone fails to comply with a duty and someone is injured because of it, this is considered to be negligence. There are many instances where a person or company is obligated to provide care to the public. This includes accountants and doctors preparing tax returns and store owners cleaning snow and ice from sidewalks to stop people from falling and causing injury to themselves.

To be able to claim damages in a case of negligence, you must prove that the party who injured you owed an obligation of care and breached their obligation and that their lapse caused your injury. The quality of care is typically determined by what other professionals perform in similar situations. If a surgeon performs surgery on the wrong leg, this may be considered an infraction of duty since other surgeons follow the chart in similar circumstances.

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