What Makes Injury Legal?

The term "injury legal" is used to describe the harm or loss sustained by a person due to an other person's negligent or illegal actions. It falls under the tort law.

The most obvious form of injury is one that's bodily that includes things like concussion, whiplash and broken bones. These injuries should be treated by an experienced 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. If you don't comply with the statute of limitations, your claim is "time-barred" and you will not be able to claim compensation for your losses. The specifics of the statute of limitations can differ from state to state, and each type of case has its own specific time frame, as well.

The "clock" of the statute of limitations typically begins to tick when the accident or incident that caused the injury occurs. However, there are several exceptions that could extend the time to file a lawsuit. One of them is known as the discovery rule which states that the clock of statute of limitations is not set until the injury is discovered or reasonably should have been discovered. This is usually seen in cases where injuries are concealed, like asbestos or certain medical malpractice claims.

Another exception is for minors who have a year from their 18th birthday to begin lawsuits, even though the statute of limitations would normally run before they reach the age of 19. There is also the "tolling" provision which suspends the limitations period during certain situations and events including military service or involuntary mental hospitalization. The statute of limitation can be extended in the event of fraudulent misrepresentation or willful concealment.

Damages

Damages are a form of compensation given to the victim of the tort (wrongful act). There are two kinds of damages: punitive and compensatory. Compensatory damages compensate plaintiffs for their losses, and are intended 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 reckless negligence.

The amount of damages is extremely subjective and based on the specific facts of each case. A personal injury lawyer who has experience will assist you in capturing the full extent of your losses. This will increase your odds of receiving the highest amount of compensation possible. Your lawyer may call in experts to explain the severity of your pain and suffering, or to support your claim for emotional distress.

Obtaining maximum compensation requires careful documentation of your current and future economic losses. Your attorney will assist you keep a detailed record of all expenses and financial losses incurred as well as the value of the future loss of income. Experts are often needed to estimate the value of your claim based on the permanent impairment or disability of your injury.

If the defendant has insufficient insurance coverage to pay your claims, then you can seek a civil judgment against them personally. However, this could be very difficult unless the defendant has a substantial amount of assets or is a corporate entity with multiple assets.

Statute of Repose

While statutes of limitations and statutes of repose both limit the amount of time a plaintiff can have to file a lawsuit however, injuries there are some significant differences between the two. Statutes are procedural, forward-looking, and substantive.

In essence it's a simple definition: a statute of repose is a law that sets a hard deadline after which legal actions are barred -without the same exceptions as a statute of limitations. A statute of repose is typically used in product liability suits, and medical malpractice claims.

The biggest difference is that, while a statute of limitations typically is in effect when the plaintiff suffers harm or discovers their loss the statute of repose usually begins to run when an incident triggers it. This is a concern in product liability cases for instance, because it may take years for the plaintiff to purchase and use a product, even before the company might have been aware of any defect.

Because of these differences, it's important for victims of injuries to speak with a personal injury attorney near them before the applicable statutes of limitations and repose statutes run out. Michael Ksiazek is a partner at the firm of Stark & Stark's Yardley, PA office and focuses on Accident & Personal Injury Law. Contact him now for a free consultation.

Duty of Care

A duty of care is the obligation that individuals owe to others to exercise reasonable care when performing actions which could cause harm. If a person fails perform a duty of care and a person is injured due to it, it is considered negligence. There are a myriad of circumstances where a person business is responsible for providing care to the public. This includes accountants and doctors who prepare tax returns and store owners who clear snow and ice off the sidewalks to avoid people falling and injuring themselves.

To successfully seek damages in a case of tort you will need to establish that the party that injured you owed you a duty of care, and that they breached their duty of care and that their negligence was the primary and direct cause of your injury. The standard of care is typically determined by what other experts perform in similar situations. If a surgeon is performing surgery on the wrong leg the procedure could be regarded as unprofessional conduct, since other surgeons would have be able to read the chart correctly in similar circumstances.

It is important to note that the standard of care must not be so high that it imposes an unlimited liability on all parties. It is a balance that is carefully scrutinized by juries in jury trials and judges in bench trials.