What Makes Injury Legal?

The term"injury" legal is used to describe the harm or loss an person suffers of another's negligence or wrongful actions. It is a part of tort law.

The most obvious type of injuries is the bodily which includes things such as concussion, whiplash and broken bones. These injuries must be treated by medical professionals.

Statute of limitations

The law provides an expiration date, known as the statute of limitations within which an injured person has the option of filing a lawsuit. In the event of a delay, it will result in the claim being "time barred" and the person who was injured will not be able to claim compensation for their losses. The time-limit for claims varies from state to state, and also depending on the type of case.

The statute of limitations "clock" generally starts to tick when the accident or incident that led to injury lawsuits occurs. However, there are some exceptions that could extend the time to file an action. The discovery rule is an exception. It states that the clock for the statute of limitations is not set until the injury has been discovered or should have reasonably been discovered. This is most commonly seen when conditions are concealed, like asbestos or certain medical malpractice claims.

Another exception applies to minors, injury who have one year from their 18th birthday when they can initiate lawsuits, even although the statute of limitations would normally run before they reach age 19. Then there is the "tolling" provision that suspends the statute of limitations for certain events or circumstances such as military service or involuntary mental health obligations. The statute of limitations could be extended in the event of fraud or willful concealment.

Damages

Damages are the compensation paid to the victim following a tort or wrongdoing. There are two kinds of damages - punitive and compensatory. Compensation damages compensate plaintiffs for their losses and are designed to make them whole again after an accident, whereas punitive damages are intended to punish the defendant for fraud, an ill-intentional act that caused harm or gross negligence.

The amount of damages you are able to claim is extremely subjective and based on the unique circumstances of each individual case. An experienced personal injury attorney will assist you in documenting the full extent of your losses. This increases your chances of receiving the highest amount of compensation that you are able to. For instance, your lawyer may use experts as witnesses to prove the severity of your suffering and pain and psychologist or psychiatrist expert witness to strengthen your claim for emotional distress.

Obtaining maximum compensation requires careful documentation of your current and future economic losses. Your attorney will help you keep meticulous records of the financial losses and expenses incurred and the value of your future lost income. This can be difficult and usually involves making estimates based on the permanent impairment caused by your injury or disability that requires the help of experts.

If the defendant has insufficient insurance coverage to cover your claims, you are able to seek a civil judgment against them personally. This isn't always easy unless the defendant is a large corporation or has multiple assets.

Statute of Repose

While statutes of limitations and statutes of repose limit the time a plaintiff must wait to file a claim for injury, there are some notable differences between the two. Statutes of limitations are procedural and forward-looking while statutes of repose are substantive, and look backwards.

A statute of repose, in short it is a law that specifies a timeframe within which legal action is closed - without the exceptions as a statute or limitations. It's common for a statute of repose to apply to construction defect cases, products liability lawsuits and medical malpractice claims.

The primary difference is that a statute begins to run after an event, injury while a statue of limitations usually begins when the plaintiff is aware of or suffers losses. This can be an issue in product liability cases, for example, since it can take a long time for a plaintiff to purchase and use a product, even before the company was aware of any defect.

Because of these differences, it is important to ensure that victims of injuries consult an attorney before the statutes that apply to them expire. Michael Ksiazek is a partner at the Stark & Stern's Yardley, PA office and is a specialist in Accident & Personal Injury Law. Contact him today for a no-obligation consultation.

Duty of Care

A duty of care is the obligation that one owes to others to exercise reasonable care when doing things that could lead to harm. When a person fails to comply with a duty and someone is injured as a result, this is considered to be a case of negligence. A business or individual is bound by a duty of caring to the public in many situations. This includes doctors who are preparing tax returns, accountants making tax returns and store owners removing snow off the sidewalks so that people don't slip and end up hurting themselves.

To be able to claim damages in a negligence case you must prove that the party who injured you was an obligation of care and breached their duty duty and that their negligence caused your injury. The level of care required is usually established by what other professionals do in similar circumstances. For example when a doctor performs surgery on the wrong leg, it may be considered to be a breach of duty since other surgeons operating in similar circumstances will likely be able to read the patient's record correctly.

It is vital to note, too, that the standard of care should not be so high that it imposes the same liability to all parties. This is a balance that is vetted by juries in jury trials and judges in bench trials.