What Makes Injury Legal?

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

The most obvious harm is a bodily that can result in concussions whiplash, broken bones, and concussions. These injuries must be treated by a medical professional.

Statute of Limitations

The law sets a timeframe, called the statute of limitations, within which an injured person can start a lawsuit. Failure to file a lawsuit will result in the claim being "time barred" and the victim cannot claim compensation for their losses. The particulars of the statute of limitations vary from state to state, and each type of instance has its own distinct time frame, as well.

The statute of limitations "clock" generally begins to tick at the point that the accident or incident that led to injury occurs. There are some exceptions to the rule that could prolong the time required to file a lawsuit. The discovery rule is a prime exception. It states that the clock of the statute of limitations will not begin until the injury has been discovered or should have reasonably been discovered. This is most commonly found in cases involving hidden conditions, such as asbestos exposure or certain medical malpractice claims.

A minor can also be granted an extra year to file a lawsuit, even when the statute of limitations would typically expire before turning 19. There is also the "tolling" provision that suspends the limitations period in certain circumstances and events like military service or involuntary mental hospitalization. The statute of limitations can be extended in the event of fraudulent misrepresentation or intentional concealment.

Damages

Damages are compensation given to the victim in the aftermath of a tort or wrongdoing. There are two kinds of damages - compensatory and punitive. Compensatory damages are meant to compensate plaintiffs for their losses and aim to restore their health after an accident, whereas punitive damages are intended to punish the defendant for fraud, a malicious act that caused harm or gross negligence.

The amount of damages awarded is subjective and is based on the particular facts of each case. A personal injury lawyer with experience can assist you in documenting your full losses. This will increase your chances of obtaining the largest amount possible. For example the lawyer might use expert witnesses to testify on the severity of your suffering and pain, or a psychologist or psychiatrist expert witness to bolster 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 attorney will assist you in keeping meticulous records of the expenses and financial losses you have incurred, as well as calculating the value of future lost income. This can be complicated and often involves calculating estimates based on your injury's permanent impairment or disability, which requires the assistance of experts.

If the defendant doesn't have enough insurance to cover your claims, you may be able to pursue a civil judgment against them. However, this could be difficult if the defendant has substantial assets or is a business with multiple assets.

Statute of Repose

There are some differences between statutes of limitation and statutes de repose. Both limit the amount of time a plaintiff can bring a claim for injury however, there are some commonalities. Statutes of limitation are a procedural and forward-looking law, whereas statutes of repose are substantive and backward-looking.

In essence, a statute of repose is a law that establishes a hard deadline after which legal actions are barredwith the same exceptions as the statute of limitations. A statute of repose is usually applied to product liability suits and medical malpractice claims.

The most significant difference is that whereas the statute of limitations typically runs when the plaintiff suffers injury or is aware of their loss the statute of repose generally begins to run when an event triggers it. This can be a problem in product liability cases for instance, because it could take years for a plaintiff to purchase and use a particular product before the company is aware of any defect.

Due to these differences and the fact that there are a variety of different laws, it is important for injured victims to speak with a personal injury attorney close to them before the applicable statutes of limitations and statutes of repose expire. Michael Ksiazek, a partner at Stark and Stark's Yardley office, concentrates on Accident & injury attorneys Law. Contact him today for a no-obligation consultation.

Duty of Care

A duty of care is an obligation that a person owes others to exercise reasonable caution in doing anything that could be expected to cause harm. If a person fails meet a duty of diligence and suffers injury because of it, this is considered negligence. A business or individual has an obligation of care towards the public in a variety of situations. This includes doctors preparing tax returns, Injury accountants working on tax returns and store owners removing snow from sidewalks to ensure people don't fall and injury themselves.

In order to successfully claim damages in a tort lawsuit you must prove that the party who injured you had an obligation of care, that they violated that duty of care and that their negligence was the primary and direct reason for injury your injury. The standard of care is typically determined by what other experts do in similar circumstances. For instance, if a doctor performs surgery on the wrong leg, it could be considered a breach in duty since other surgeons operating in the same circumstances would likely be able to read the patient's record correctly.

It is vital to note, too, that the standard of care should not be enough to impose unlimited liability on all parties. In jury trials, and in bench trials the balance is evaluated by juries as well as judges.