What Makes Injury Legal?

Legal injury is a term used to describe the harm or loss sustained by a person as a result of an individual's negligent or unlawful actions. It is a part of the tort law.

The most obvious kind of injury is one that's bodily that includes things like whiplash, concussion, and broken bones. These injuries should be treated by an expert medical professional.

Statute of Limitations

The law sets a deadline called the statute of limitations, within which an individual who has been injured may make a claim. In the event of a delay, it will result in the claim being "time barred" and the party who was injured cannot claim compensation for their losses. The time limit for a claim varies from state to state and according to the type of case.

The "clock" of the statute of limitations typically begins to tick once the accident or incident which caused the injury occurs. There are some exceptions to the rule, which can extend the time to file a lawsuit. The discovery rule is one such exception. It states that the statute-of-limits clock is not set until the injury attorneys has been discovered or should have reasonably been discovered. This is most commonly seen in cases where conditions are hidden, such asbestos or certain medical malpractice claims.

A minor may also be granted an extra year to file a lawsuit, even when the statute of limitations would typically expire before the age of 19. There is also the "tolling" provision that suspends the statute of limitations in certain circumstances, such as military service, or involuntary mental health obligations. There is also the extension of the statute of limitations for fraud or willful misrepresentation.

Damages

Damages are compensation given to the victim after the commission of a wrongdoing or a tort. There are two types of damages: compensatory and punitive. Compensatory damages pay plaintiffs back their losses and aim to restore their health following an injury, whereas punitive damages penalize the defendant for fraud, an ill-intentional act that caused harm, or gross negligence.

The amount of damages you are able to claim is highly subjective and is based on the unique circumstances of each individual case. A seasoned personal injury lawyer will assist you in documenting the full extent of your losses. This will improve your chances of receiving the highest amount of compensation that is possible. For instance your lawyer could employ expert witnesses to testify on the severity of your pain and suffering or a psychological or psychiatric expert witness to strengthen your claim for emotional distress.

To receive the highest amount of compensation, you must carefully document your losses now and in the future. Your attorney will help you keep a detailed record of all costs and financial losses you incur as well as the value of the future loss of income. This can be difficult and often involves the calculation of estimates based upon the permanent impairment caused by your injury law firm or disability and requires the assistance of experts.

If the defendant does not have enough insurance coverage to cover your claims, you may seek a civil judgment against them personally. This can be a challenge unless the defendant is a large company or has multiple assets.

Statute of Repose

While statutes of limitations and statutes of repose both limit the amount of time a plaintiff must wait to file a lawsuit however, there are some significant distinctions between the two. Statutes of limitation are procedural and forward-looking while statutes of repose are substantive and retro-looking.

In short it's a simple definition: a statute of repose is a law that establishes the deadline by which legal actions are barredwith the same exceptions as a statute of limitation. A statute of repose is often applied to lawsuits involving construction defects, products liability suits, and medical malpractice claims.

The primary difference is that a statute begins to run following an event, whereas the statute of limitations generally begins when the plaintiff notices or suffers an injury. This can be a problem in cases involving product liability for instance, as it could take a long time for the plaintiff to purchase and use a product prior to the company is aware of any flaws.

Due to these distinctions and the fact that there are a variety of different laws, it is important that victims of injury consult with a personal injury lawyer near them prior to when the applicable statutes of limitations and repose statutes run out. Michael Ksiazek is a partner at Stark and Stark's Yardley, PA office and is focused on Accident and Personal Injury Law. Contact him for a free consultation.

Duty of Care

A duty of care is a duty one owes to others to exercise reasonable caution when doing something that may foreseeably cause harm. It is typically regarded as negligent when a person fails fulfill their duty of care and a person is injured as a result. A business or individual is bound by an obligation of care towards the public in various situations. This includes doctors who prepare tax returns, accountants preparing tax returns and injury lawyer store owners removing snow off the sidewalks so that people don't slip and injury themselves.

To be able to claim damages in a negligence case you must prove that the person who injured you had an obligation of care and acted in breach of this duty of duty and that their lapse caused your injury. The quality of care is typically established by what other professionals do in similar circumstances. For instance the case where a physician performs surgery on the wrong leg, it could be deemed a breach of duty since other surgeons operating in similar circumstances could have read the patient's medical chart correctly.

It is important to note that the standard of care should not be enough to impose an unlimited liability on all parties. In jury trials, and in bench trials, the balance is carefully examined by both juries and judges.