What Makes Injury Legal?

The term injury legal is used to describe the damage or loss an person suffers from another party's negligent actions or indefensible actions. It is a part of tort law.

The most obvious kind of injuries is the bodily, which includes things like whiplash, concussion and broken bones. These injuries should be treated by an expert medical professional.

Statute of limitations

The law establishes a time limit, called the statute of limitations, within which an injured party can file a lawsuit. If you don't comply with the statute of limitations, your claim is "time-barred" and you won't be able to claim compensation for your losses. The statute of limitations varies from state to state and also depending on the type of claim.

The statute of limitations "clock" typically starts ticking at the time the accident or incident causing injury occurs. There are a few exceptions to the rule that could delay the filing of a lawsuit. One such exception is known as the discovery rule, which states that the clock for the statute of limitations is not set until the injury is discovered or reasonably could have been discovered. This is often seen in cases involving hidden circumstances, such as asbestos exposure or medical malpractice claims.

Another exception applies to minors, who have one year from their 18th birthday to begin litigation, even although the statute of limitations typically runs before they reach the age of 19. Then there is the "tolling" provision, which suspends the statute of limitations in certain circumstances, such as military service, or injured involuntary mental health obligations. The statute of limitations may be extended for fraud or willful concealment.

Damages

Damages are compensation paid to the victim of a tort (wrongful act). There are two kinds of damages: punitive and compensatory. Compensation damages are designed to compensate the plaintiffs and ensure they are fully compensated after an injury. Punitive damages are meant to punish the defendants for fraud, malicious acts that caused harm, or for gross 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 improve your chances of receiving the highest amount of compensation that you are able to. For example, your lawyer may use experts as witnesses to prove the extent of your pain and suffering or a psychologist or psychiatrist expert witness to bolster your emotional distress claim.

To get the maximum amount of compensation, you must have careful documentation of your present and future economic losses. Your lawyer will assist in keeping meticulous notes of your expenses and financial losses incurred and also in calculating the value of any future loss of income. Experts are often needed to calculate estimates based upon the permanent impairment or disability of your injury.

If the defendant's insurance coverage is inadequate, insurance coverage to cover your claims, then you can pursue a civil judgment against them personally. But, this is difficult if the defendant is a large asset or is a corporate entity with multiple assets.

Statute of Repose

There are some distinctions between statutes of limitation and statutes of repose. Both restrict the time that a plaintiff has to bring a claim for injury, but there are also certain similarities. Statutes are procedural, forward-looking and substantive.

In essence, a statute of repose is a law which sets an absolute deadline within which legal actions are barred -but without the same exemptions as the statute of limitations. It is common for statutes of repose to apply to cases involving construction defects, products liability lawsuits as well as medical malpractice claims.

The main difference is that while the statute of limitations generally starts to run when a plaintiff is hurt or becomes aware of their loss, a statute of repose typically begins to run when an event triggers it. This can be a problem in product liability cases. It can take years before a plaintiff purchases and uses a product, and the company is aware of any flaws.

Because of these differences and the fact that there are a variety of different laws, it is important for injury victims to consult with a personal injury lawyer near them prior to when the applicable statutes of limitations and repose statutes expire. Michael Ksiazek is a partner at the Stark & Stern's Yardley, PA office and concentrates on Accident and Personal Injury Law. Contact him now for no-cost consultation.

Duty of Care

A duty of care is the obligation individuals owe to others to use reasonable caution when performing activities which could cause harm. If someone fails to fulfill a duty of care and suffers injury law firms because of it, this is considered to be negligence. There are many situations in which a person or business is responsible for providing care to the public, such as accountants and doctors who prepare tax returns and store owners who clear snow and ice off sidewalks to prevent people from falling and causing injury to themselves.

To be able to claim damages in a tort lawsuit you will need to prove that the party who injured you was owed a duty of care, that they violated that duty of care and injured that their negligence was the primary and most direct reason for your injury. The standard of care is usually determined by what other experts do in similar circumstances. If a doctor performs surgery on the wrong leg this could be considered a breach of duty, since other surgeons would have follow the chart in similar circumstances.

It is also important to remember that the standard of care must not be so high as to impose unlimited liability on all parties. This is a balance that is carefully reviewed by juries in jury trials as well as judges in bench trials.