What Makes Injury Legal?

Legal injury is a term used to define the harm or loss that a person suffers due to another party's negligent or wrongful actions. It is a part of the tort law.

The most obvious injury is a bodily injury which can include concussions whiplash, fractured bones, and whiplash. It is essential to seek medical attention for these injuries.

Statute of Limitations

The law sets a time limit, called the statute of limitations that an injured person can file a lawsuit. Failure to comply with this deadline will result in the claim being "time barred" and the party who was injured is not able to receive compensation for their losses. The specifics of the statute of limitations can differ between states, and each kind of instance has its own distinct time frame.

The "clock" of the statute of limitations typically begins to tick when the incident or accident that caused the injury law firms occurs. There are some exceptions to the rule, which can extend the time to file a lawsuit. One of these exceptions is known as the discovery rule, which states that the statute of limitations clock is not set until the injury is discovered or should have been discovered. This is most commonly seen in cases involving hidden issues, such as asbestos exposure or certain medical malpractice claims.

Another exemption is for minors who have one year from the age of 18 to start litigation, even while the statute of limitation will normally expire before they reach age 19. There is also the "tolling" provision that suspends the limitations period during certain circumstances and events like military service and involuntary mental hospitalization. The statute of limitations may be extended for fraud or deliberate concealment.

Damages

Damages are the compensation paid to the victim in the aftermath of the commission of a wrongdoing or a tort. There are two kinds of damages: compensatory and punitive. Compensatory damages are meant to compensate plaintiffs for their losses, and are intended to restore their health following an injury, whereas punitive damages penalize the defendant for fraud, an ill-intentional act that caused harm, injuries or gross negligence.

The amount of damages awarded is highly subjective and is based on the unique facts of each case. An experienced personal injury attorney can assist you in documenting the complete extent of your losses. This will increase your chances of obtaining the maximum amount of compensation you can get. For instance, your lawyer may use experts as witnesses to prove the severity of your suffering and pain as well as a psychological or psychiatric expert witness to strengthen your claim for emotional distress.

To receive the most compensation, you must carefully record your losses now and in the future. Your lawyer will assist you with keeping detailed notes of your expenses and financial losses that you incur, and will also calculate the value of any future loss of income. Experts are often required to calculate estimates based upon the permanent impairment or disability resulting from your injury.

If the defendant has insufficient insurance coverage to cover your claims, then you can obtain 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

There are some distinctions between statutes of limitation and statutes of repose. Both limit the amount of time a plaintiff is able to make a claim for injury, but there are also some commonalities. Statutes are procedural, forward-looking and substantive.

In essence it's a simple definition: a statute of repose is a law which sets an absolute deadline within which legal actions are barred -- without the same exceptions as a statute of limitations. It is typical for a statute of repose to be applied to cases involving construction defects, products liability lawsuits as well as medical malpractice claims.

The main difference is that a statute begins to run after an event, whereas a statue of limitations usually begins when the plaintiff notices or suffers losses. This can be a problem in cases involving product liability for instance, as it can take a long time for the plaintiff to purchase and use a particular product before the company is aware of any flaws.

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 limitation and repose statutes expire. Michael Ksiazek is a partner at the firm of Stark & Stark's Yardley, PA office and focuses on Accident and Personal Injury Law. Contact him for a no-obligation consultation.

Duty of Care

A duty of care is the obligation one has to others to exercise reasonable caution when performing activities that could lead to harm. It is generally considered negligence when an individual fails to comply with their obligation of care and someone is injured in the process. A business or individual has the obligation of care to the public in many situations. This includes doctors who prepare tax returns, accountants working on tax returns and store owners removing snow off the sidewalks so that people don't slip and harm themselves.

In order to successfully claim damages in a case of tort you will need to establish that the party that injured you was owed the duty of care, that they breached their duty of care, injuries and that their negligence was the primary and most direct cause of your injury. The norm of care is usually established by what other professionals would do in similar circumstances. If a doctor performs surgery in the wrong leg it could be deemed an infraction of duty since other surgeons would have follow the chart in similar circumstances.

It is important to remember that the standard of care cannot be so high as to make it impossible to impose liability on all parties. This is a balance that is vetted by juries in jury trials, as well as judges in bench trials.