What Makes Injury Legal?

injury lawsuits legal is a term used to describe the harm or loss suffered by an individual due to another party's negligent or wrongful actions. It falls under tort law.

The most obvious type of injuries is the bodily which includes things such as whiplash, concussions, and broken bones. It is imperative to seek medical attention for these injuries.

Statute of Limitations

The law sets an expiration date, known as the statute of limitations, within which an injured party can file a lawsuit. If you fail to comply, your claim will be "time-barred" and you will not be able recover compensation for your losses. The details of the statute of limitation vary from state to state, and each kind of claim has its own particular time frame as well.

The statute of limitations "clock" generally starts to tick at the time the accident or incident causing injury occurs. However, there are several exceptions that can extend the time needed to file lawsuits. The discovery rule is a prime exception. It states that the statute-of-limits clock is not set until the injury has been identified or ought to have been discovered. This is typically seen in cases where injuries are hidden, such asbestos or certain medical malpractice claims.

A minor can also be granted an extra year to file a lawsuit, injuries even although the statute would usually expire before they turn 19. There is also the "tolling" provision that suspends the statute of limitations during certain events or situations such as military service, or involuntary mental health commitments. The statute of limitations can be extended in the event of fraud or willful concealment.

Damages

Damages are the amount of compensation that is paid to the victim of an offense (wrongful act). There are two basic types of damages: punitive and compensatory. Compensatory damages are meant to compensate plaintiffs for their losses and are designed to restore them after an injury, while punitive damages are intended to punish the defendant for fraud, a malicious act that caused harm, or reckless negligence.

The amount of damages awarded is subjective and based upon the unique circumstances of each case. An experienced personal injury attorney can assist you in documenting the full extent of your losses. This increases your odds of obtaining the largest amount possible. For example your lawyer could use experts to testify on the extent of your pain and suffering, or a psychologist or psychiatrist expert witness to strengthen your claim for emotional distress.

To receive the most compensation, you must carefully document your losses now and in the future. Your lawyer will assist in keeping detailed documents of the expenses and financial losses that you incur, and also in calculating the amount of future lost income. This can be difficult and injuries often involves making estimates based on the severity of your injury and its permanent disability that requires the help of experts.

If the defendant doesn't have enough insurance to cover your claims, you might be able to pursue a civil judgment against them. This isn't always easy unless the defendant is a major company or has multiple assets.

Statute of Repose

While statutes of limitations and statutes of repose limit the time a plaintiff has to file a claim for damages however, there are some significant distinctions between the two. Statutes are procedural, forward-looking and substantive.

A statute of repose, or in other words it's a law that gives a time limit when legal action can be closed - without the limitations that a statute limitations. It's common for a statute of repose to be applied to construction defect cases, products liability lawsuits as well as medical malpractice claims.

The major 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 losses. This is a concern in cases involving product liability. It could take years before a plaintiff buys and uses a product, and the company is aware of any flaws.

Because of these differences, it's important for victims of injuries to speak with a personal injury lawyer close to them before the applicable statutes of limitation and repose statutes expire. Michael Ksiazek, a partner in the Stark & Stark's Yardley office, concentrates on Accident & Injury Law. Contact him today to arrange a free consultation.

Duty of Care

A duty of care is the obligation that one owes to others to exercise reasonable care when performing activities that could cause harm. When a person fails to perform a duty of care and a person is injured as a result, this is considered to be a case of negligence. A business or individual has the obligation of care to the public in many instances. This includes doctors who prepare tax returns, accountants who prepare tax returns, and store owners clearing snow from sidewalks to ensure people do not fall and hurt themselves.

To successfully claim damages in a tort lawsuit you will need to establish that the party that injured you had the duty of care, and that they breached their duty of care, and that their breach was the primary and most direct cause of your injuries. The level of care required is usually established by what other professionals do in similar circumstances. For example, if a doctor performs surgery on the wrong leg, it may be deemed a breach of obligation because other surgeons in similar circumstances will likely read the patient's chart correctly.

It is important to note that the standard of care should not be too high that it imposes an unlimited liability on all parties. This is a balance that is carefully scrutinized by juries in jury trials, as well as judges in bench trials.