What Makes Injury Legal?

The term injury legal is used to describe the harm or loss an person suffers from the negligence of another person's or wrongful conduct. It is a part of tort law.

The most obvious injury is a bodily injury that includes concussions, whiplash, and broken bones. It is crucial to seek medical help for these injuries.

Statute of limitations

The law sets a timeframe, known as the statute of limitations within which an injured person can bring a lawsuit. In the event of a delay, it will result in the claim being "time barred" and the person who was injured will not be able to claim compensation for their 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 usually begins to tick once the accident or incident which caused the injury occurs. There are a few exceptions to the rule that can extend the time for filing a lawsuit. One of these exceptions is known as the discovery rule which states that the clock for the statute of limitations cannot begin until the injury is discovered or reasonably should have been discovered. This is most commonly found in cases involving hidden conditions, such as asbestos exposure or medical malpractice claims.

Another exception applies to minors, who have a year from their 18th birthday when they can initiate lawsuits, even while the statute of limitation would normally run before they reach age 19. Then there is the "tolling" provision, which suspends the statute of limitation during certain events or situations such as military service, or involuntary mental health obligations. The statute of limitations can be extended for fraudulent misrepresentation or willful concealment.

Damages

Damages are compensation paid to the victim of an offense (wrongful act). There are two kinds of damages: punitive and compensatory. Compensatory damages compensate plaintiffs for their losses, and are intended to restore them after an injury lawsuit, whereas punitive damages penalize the defendant for fraud, a devious 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 personal injury lawyer who has experience can assist you in documenting your losses in full. This will improve your chances of receiving the highest amount of compensation you can get. Your lawyer may call in expert witnesses to describe the extent of your suffering, or to prove your claim for emotional distress.

To get the maximum amount of compensation, you should carefully record your current and future losses. Your attorney will assist you keep a detailed record of all financial losses and expenses incurred and the value of the future loss of income. This can be difficult and usually involves formulating estimates based on your injury's permanent impairment or disability and requires the assistance of experts.

If the defendant's insurance coverage is inadequate, insurance coverage to cover your claims, you are able to seek a civil judgment against them personally. This can be a challenge unless the defendant is a major company or has multiple assets.

Statute of Repose

While statutes of limitations and statutes of repose both restrict the time that a plaintiff has to file a claim for damages There are a few notable differences between the two. Statutes of limitation are a procedural and forward-looking law while statutes of repose are substantive and forward-looking.

In simple terms it's a simple definition: a statute of repose is a law that imposes a hard deadline after which legal actions are barredwithout the same exceptions as a statute of limitation. A statute of repose is typically applied to construction defect lawsuits, products liability suits and medical malpractice claims.

The main difference is that a statute starts to run following an event, while 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 a long time before a plaintiff purchases and uses a product and the company becomes aware of any defects.

Due to these differences, it is important that injury victims consult with an attorney prior to the applicable statutes expire. Michael Ksiazek, a partner in Stark &Stark's Yardley office, focuses on Accident & Injury Law. Contact him now for an initial consultation for no cost.

Duty of Care

A duty of care is the obligation one has to others to use reasonable caution when doing something that could lead to harm. It is typically regarded as negligent when someone fails to fulfill their duty of care and someone is injured due to the negligence. There are a variety of situations where a person or business is responsible for providing care to the public, for example accountants and doctors who prepare tax returns and store owners clearing snow and ice off sidewalks to stop people from falling and injuring themselves.

To successfully claim damages in a case of tort you must show that the person who injured you owed you an obligation of care, and that they violated that duty of care, injuries and that their breach was the primary and direct cause of your injury. The standard of care is typically determined by what other professionals apply in similar circumstances. If a surgeon makes a surgical procedure in the wrong place it could be deemed a breach of duty, because other surgeons are likely to take the correct chart under similar circumstances.

It is important to remember that the standard of care must not be so high as to make it impossible to impose liability on all parties. In jury trials, as well as in bench trials the balance is assessed by juries and judges.