What Makes Injury Legal?

Injury legal is a term used to describe the loss or damage sustained by a person as a result of another party's negligent or wrongful actions. It falls under the umbrella of tort law.

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

Statute of Limitations

The law sets a timeframe, known as the statute of limitations within which an injured party can make a claim. Failure to file a lawsuit will result in the claim being "time barred" and the person who was injured cannot recover compensation for their losses. The time-limit for claims varies from state to state and also according to the type of case.

The "clock" of the statute of limitations usually begins to tick when the incident or accident that caused the injury occurs. However, there are several exceptions that can extend the time required to file lawsuits. The discovery rule is one such exception. It states that the statute-of-limits clock is not set until the injury has been discovered or should have reasonably been discovered. This is seen most often in cases where injuries are concealed, such as asbestos or certain medical malpractice claims.

Another exception is for minors who have a year following their 18th birthday to initiate legal proceedings even while the statute of limitation usually runs before they reach the age of 19. Then there is the "tolling" provision that suspends the statute of limitations for certain events or circumstances like military service or involuntary mental health obligations. Then, there's the extension of the statute of limitations for willful concealment or fraudulent falsification.

Damages

Damages are a form of compensation given to the victim of the tort (wrongful act). There are two kinds of damages - compensatory and injuries punitive. Compensatory damages pay plaintiffs back their losses and are intended to help them recover after an accident, whereas punitive damages penalize the defendant for fraud, a devious act that caused harm, or reckless negligence.

The amount of damages you are able to claim is highly subjective, and based on the particular facts of each case. A personal injury attorney lawyer who has experience can assist you in documenting your entire loss. This increases your odds of obtaining the most money possible. Your lawyer can call experts to testify about the extent of your suffering, or to support your claim for emotional distress.

To get the maximum compensation, injuries you must carefully record your losses now and in the future. Your lawyer will assist you with keeping detailed records of the expenses and financial losses incurred, and also calculating the value of future lost income. Experts are often needed to calculate estimates based on the permanent impairment or disability resulting from your injury.

If the defendant's insurance coverage is inadequate, insurance coverage to pay your claims, you may seek a civil judgment against them personally. However, this can be extremely difficult unless the defendant is a large asset or is a corporate entity with multiple assets.

Statute of Repose

While statutes of limitations and statutes of repose restrict the time a plaintiff can have to file an injury claim however, there are some significant differences between the two. Statutes are procedural, forward-looking and substantive.

In essence, a statute of repose is a law which sets a hard deadline after which legal actions are barred -with the same exceptions as a statute of limitations. A statute of repose is often applied to cases involving defective construction, products liability suits and medical malpractice claims.

The main distinction is that the statute of limitations generally starts to run when a plaintiff is hurt or becomes aware of their loss however, a statute of repose usually begins to run when an incident triggers it. This is a concern in cases involving product liability, for example, since it could take a long time for a plaintiff to purchase and use a product before the company might have been aware of any defect.

Because of these differences and the fact that there are a variety of different laws, it is important for victims of injuries to speak with a personal injury lawyer near them prior to when the applicable statutes of limitation and statutes of repose expire. Michael Ksiazek, a partner in Stark &Stark's Yardley office, concentrates on Accident and Injury Law. Contact him today for an initial consultation for no cost.

Duty of Care

A duty of care is a duty one owes to others to exercise reasonable care when doing something that could be predicted to cause harm. If a person fails to perform a duty of care and a person is injured as a result, this is considered negligence. There are a myriad of circumstances in which a person or business is responsible for providing care to the public, such as accountants and doctors who prepare taxes and store owners removing snow and ice off the sidewalks to avoid people falling and hurting themselves.

In order to successfully claim damages in a case of tort you must prove that the party who injured you had a duty of care, and that they breached that duty of care, and that their negligence was the sole and primary cause of your injuries. The quality of care is typically determined by what other doctors perform in similar situations. If a surgeon makes a surgical procedure in the wrong place this could be considered a breach of duty, since other surgeons would have read the chart correctly under similar circumstances.

It is also important to remember that the standard of care cannot be so high that it will limit liability to all parties. In jury trials, as well as in bench trials, the balance is carefully evaluated by juries as well as judges.