What Makes Injury Legal?

The term"injury" legal is used to describe the harm, injuries loss or damage that an person suffers from another party's negligent actions or indefensible actions. It falls under the umbrella of tort law.

The most obvious form of injuries is the bodily, which includes things like whiplash, concussions, and broken bones. These injuries (more info) must be treated by an expert medical professional.

Statute of limitations

The law provides an amount of time, referred to as the statute of limitations within which an injured person has the option of filing an action. If you do not comply with the statute of limitations, your claim is "time-barred" and you won't be able to get compensation for your losses. The statute of limitations varies from state to state and also by type of case.

The statute of limitations "clock" typically starts ticking at the point that the accident or incident that resulted in injury occurs. There are a few exceptions to the rule, which can delay the filing of a lawsuit. The discovery rule is one such exception. It states that the statute-of-limits clock will not begin until the injury has been identified 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 can be granted an additional year to file a lawsuit even that the statute would typically expire before the age of 19. There is also the "tolling" provision which suspends the limitations period during certain circumstances such as military service and involuntary mental hospitalization. The statute of limitations can be extended in the event of fraud or deliberate concealment.

Damages

Damages are compensation paid to the victim of an act of tort (wrongful act). There are two types of damages: compensatory and punitive. Compensatory damages pay plaintiffs back their losses, and are intended to restore them after an injury, while punitive damages punish the defendant for fraud, a devious act that caused harm or gross negligence.

The amount of damages you are able to claim is extremely subjective and based on each case's unique facts. An experienced personal injury attorney can assist you in documenting the extent of your losses. This will increase your chance of receiving the maximum amount possible. Your lawyer may call in expert witnesses to describe the extent of your pain and suffering, or to support your claim for emotional distress.

To receive the highest amount of compensation, you must carefully record your current and future losses. Your attorney will assist in keeping detailed records of the expenses and financial losses incurred, and also in calculating the amount of future lost income. This can be a bit complicated and often requires the calculation of estimates based upon the severity of your injury and its permanent disability that requires the help of experts.

If the defendant does not have enough insurance coverage to pay your claims, you may pursue a civil judgment against them personally. But, this is very difficult unless the defendant is a large asset or is a corporate entity with multiple assets.

Statute of Repose

While statutes of limitations and statutes of repose both limit the time a plaintiff can have to file a claim for damages, there are some notable differences between the two. Statutes are procedural, forward-looking and substantive.

In essence an esoteric sense, a statute or repose is a law which sets an absolute deadline within which legal actions are barred- without the same exceptions as a statute of limitations. A statute of repose is typically applied to product liability suits and medical malpractice claims.

The main difference is that a statute starts to run after an event, while a statue of limitations usually begins when the plaintiff notices or suffers losses. This can be a challenge in product liability cases. It could take a long time before a plaintiff purchases and utilizes a product and the company is aware of any defects.

Due to these differences, it is important that victims of injury consult a personal attorney before the applicable statutes expire. Michael Ksiazek is a partner at Stark and Stark's Yardley, PA office and is focused on Accident and Personal Injury Law. Contact him today for no-cost consultation.

Duty of Care

A duty of care is an obligation one owes to others to exercise reasonable care when performing a task that could be predicted to cause harm. If someone fails to comply with a duty and a person is injured because of it, this is considered to be negligence. A business or individual is bound by the obligation of care to the public in many instances. This includes doctors who are preparing tax returns, accountants preparing tax returns, and store owners clearing snow off sidewalks to ensure that people do not fall and injury themselves.

To successfully seek damages in a tort case it is necessary to show that the person who injured you had an obligation of care, and that they breached their duty of care and that their breach was the primary and most direct cause of your injuries. The standard of care is typically determined by what other professionals do in similar circumstances. If a doctor performs surgery in the wrong limb it could be deemed a breach of duty, because other surgeons would follow the chart in similar circumstances.

It is also important to remember that the standard of care can't be high enough to create a liability that is unlimited for all parties. In jury trials, and in bench trials, the balance is carefully scrutinized by juries as well as judges.