What Makes Injury Legal?

Legal injury is a term used to define the harm or loss suffered by an individual due to an other person's negligent or illegal actions. It is a part of tort law.

The most obvious kind of injury is one that is bodily, which includes things like concussion, whiplash and broken bones. It is crucial to seek medical attention for these injuries.

Statute of limitations

The law imposes an expiration date, known as the statute of limitations, within which an injured person is able to file a lawsuit. If you fail to meet the deadline with the statute of limitations, your claim is "time-barred" and you won't be able obtain compensation for your losses. The time period for the statute of limitations differs from states to states and depending on the type of claim.

The "clock" of the statute of limitations typically starts to tick when an accident or incident that caused the injury occurs. However, there are a few exceptions that can extend the time needed to file lawsuits. The discovery rule is a prime exception. It states that the statute-of-limitations clock doesn't begin until the injury has been discovered or should have reasonably been discovered. This is typically seen in cases where conditions are concealed, such as asbestos or certain medical malpractice claims.

A minor injury can be granted an additional year to file a lawsuit even that the statute would typically expire prior to turning 19. There is also the "tolling" provision that suspends the statute of limitations for certain events or circumstances such as military service, or involuntary mental health commitments. The statute of limitations may be extended in the event of fraudulent misrepresentation or willful concealment.

Damages

Damages are a form of compensation that is given to the victim after a tort or wrongdoing. There are two types of damages - punitive and compensatory. Compensatory damages are intended to compensate the plaintiffs and ensure they are fully compensated after an injury. Punitive damages are used to punish defendants for fraudulent acts, devious actions that cause harm, or gross negligence.

The amount of damages you are able to claim is highly subjective, and based on the particular facts of each case. A seasoned personal injury lawyer can assist you in documenting the complete extent of your losses. This will increase your chance of receiving the maximum amount possible. Your lawyer can call experts to explain the extent of your suffering or to support your claim for emotional distress.

To get the maximum compensation, it is essential to record your losses now and in the future. Your lawyer will assist you to keep a detailed record of your expenses and financial losses incurred and the value of the future loss of income. This can be quite complicated and often requires formulating estimates based on the permanent impairment caused by your injury or disability which requires the assistance of experts.

If the defendant doesn't have enough insurance to cover your claims, you might be able pursue a civil lawsuit against them. However, this can be extremely difficult unless the defendant is a large asset or is a business with multiple assets.

Statute of Repose

There are some distinctions between statutes of limitation and statutes de repose. Both limit the time a plaintiff has to make a claim for injury however there are some similarities. Statutes of limitation are procedural and forward-looking statutes of repose are substantive and backward-looking.

In short the simplest terms, a statute of repose is a law that imposes an exact deadline for when legal actions are barredwithout the same exceptions as a statute of limitations. It's common for a statute of repose to be applied to cases involving construction defects, products liability lawsuits and medical malpractice claims.

The primary difference is that a statute begins to run following an event, whereas the statute of limitations usually begins when the plaintiff is aware of or suffers an injury. This can be a challenge in product liability cases. It could take years before a plaintiff buys and uses a product and the company becomes aware of any flaws.

Because of these differences, it's important for injury victims to consult with a personal injury attorney close to them before the applicable statutes of limitation and repose statutes expire. Michael Ksiazek is a partner at Stark and Stark's Yardley, PA office and is a specialist in Accident and Personal Injury Law. Contact him to arrange a no-obligation consultation.

Duty of Care

A duty of care is the obligation one has to others to exercise reasonable care when performing activities which could cause harm. It is usually regarded as negligence when someone fails to meet their duty of care and someone is injured due to the negligence. There are many instances where a person company owes a duty of care to the public. This includes doctors and accountants preparing taxes and store owners cleaning snow and ice from the sidewalks to avoid people falling and hurting themselves.

To be able to claim damages in a negligence claim, you must prove that the party who injured you was in the duty to protect you and injury breached their obligation and that their breach caused your injury. The standard of care is typically determined by what other experts would do in similar situations. For instance when a doctor performs surgery on the wrong leg, it could be considered to be a breach of obligation because other surgeons in similar circumstances could examine the patient's chart in a correct manner.

It is also important to remember that the standard of care cannot be so high as to impose unlimited liability on all parties. In jury trials, and in bench trials, the balance is carefully scrutinized by juries as well as judges.