What Makes Injury Legal?

Legal injury is a term used to describe the loss or harm that a person suffers as a result of another party's negligent or wrongful actions. It is a part of tort law.

The most obvious form of injury is a bodily one, which includes things like concussion, whiplash and injured broken bones. It is important to seek medical assistance for these injuries.

Statute of Limitations

The law provides the time frame, also known as the statute of limitations in which an injured person has the option of filing an action. Failure to file a lawsuit will result in the claim being "time barred" and the party who was injured cannot recover compensation for their losses. The details of the statute of limitations differ between states, and each type of case has its own specific time frame.

The "clock" of the statute of limitations typically starts ticking when the accident or incident that caused the injury occurs. There are a few exceptions to the standard that may extend the time to file a lawsuit. One of them is known as the discovery rule, which states that the clock of statute of limitations cannot begin until the injury is discovered or reasonably should have been discovered. This is typically seen in situations where the cause is concealed, like asbestos or certain medical malpractice claims.

Another exception applies to minors, who have one year from their 18th birthday to begin legal proceedings even although the statute of limitations would normally run before they reach the age of 19. Then there is the "tolling" provision, which suspends the statute of limitation during certain situations or events such as military service, or involuntary mental health commitments. Then, there's the extension of the statute of limitations for fraud or willful false representation.

Damages

Damages are a form of compensation given to the victim of an act of tort (wrongful act). There are two kinds of damages - punitive and compensatory. Compensatory damages are intended to compensate the plaintiffs and to make them whole after an injury. Punitive damages are used to punish the defendants for fraud, malicious acts that caused harm, or for gross negligence.

The amount of damages is highly subjective, and is based on the specific facts of each case. A personal injury lawsuits lawyer with experience will assist you in capturing your entire loss. This will increase your chances of receiving the highest amount of compensation that is possible. Your lawyer might call in experts to testify about the severity of your suffering, or to prove your claim for emotional distress.

In order to maximize compensation, you need to take care in the documentation of your current and future economic losses. Your lawyer will help you keep a detailed record of all expenses and financial losses incurred in addition to the value of your future income loss. Experts are often required to calculate estimates based upon the permanent impairment or disability resulting from your injury.

If the defendant's insurance coverage is inadequate, insurance coverage to cover your claims, you may get a civil judgement against them personally. This can be a challenge unless the defendant is a large company or has multiple assets.

Statute of Repose

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

In essence an esoteric sense, a statute or repose is a law that establishes the deadline by which legal actions are barredbut without the same exemptions as a statute of limitations. It's common for a statute of repose to be applied to construction defect cases, product liability lawsuits as well as medical malpractice claims.

The primary difference is that a statute starts to run after an event, while the statute of limitations usually begins when a plaintiff finds or suffers a loss. This could be a problem in product liability cases for instance, as it can take a long time for a plaintiff to purchase and use a particular product before the company is aware of any flaws.

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

Duty of Care

A duty of care is the obligation that one owes to others to exercise reasonable care when doing something which could cause harm. If a person fails fulfill a duty of care and suffers injury due to it, it is considered to be negligence. A business or individual is bound by an obligation to care for the public in many situations. This includes doctors who are preparing tax returns, accountants working on tax returns and store owners removing snow off the sidewalks so that people do not fall and hurt themselves.

In order to successfully claim damages in a case of tort you must prove that the party who injured you was bound by an obligation of care, and that they violated that duty of care and that their negligence was the primary and direct cause of your injuries. The quality of care is typically determined by what other doctors apply in similar circumstances. If a surgeon is performing surgery in the wrong leg it could be deemed unprofessional conduct, because other surgeons would be able to read the chart correctly in similar circumstances.

It is important to keep in mind that the standard of care should not be excessive that it creates no limit on liability for all parties. In jury trials, as well as in bench trials, the balance is carefully examined by both juries and judges.