What Makes Injury Legal?

The term injury legal is used to describe the harm, loss or damage that an individual suffers as a result of another's negligence or indefensible actions. It is a part of tort law.

The most obvious accident is a bodily affliction that includes concussions, whiplash, fractured bones, and whiplash. It is imperative to seek medical treatment for these injuries.

Statute of Limitations

The law sets a timeframe, 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 limitation vary from state to state, and each type of case has its own time period as well.

The "clock" of the statute of limitations usually starts to tick when an accident or incident which caused the injury occurs. However, there are a few exceptions that could extend the time needed to file an action. The discovery rule is one exception. It states that the statute-of-limits clock doesn't begin until the injury attorney has been identified or should have reasonably been discovered. This is usually seen in cases where injuries are concealed, like asbestos or certain medical malpractice claims.

A minor can also be granted an extra year to file a lawsuit even although the statute would usually expire before turning 19. Then there is the "tolling" provision that suspends the statute of limitation during certain events or situations such as military service or involuntary mental health commitments. In addition, there is the statute of limitations extension for willful concealment or fraudulent false representation.

Damages

Damages are the compensation paid to the victim of a tort (wrongful act). There are two kinds of damages: compensatory and punitive. Compensation damages compensate plaintiffs for their losses and are intended to help them recover after an accident, injuries whereas punitive damages are intended to punish the defendant for fraud, a malicious act that caused harm or gross negligence.

The amount of damages is extremely subjective and based on the unique circumstances of each individual case. A personal injury lawyer who has experience can assist you with logging your full losses. This will increase your chance of receiving the maximum amount possible. For instance the lawyer might use expert witnesses to testify on the extent of your suffering and pain, or a psychologist or psychiatrist expert witness to back up your emotional distress claim.

To get the maximum amount of compensation, you must have careful documentation of your current and injuries future economic losses. Your lawyer will assist in keeping detailed notes of your expenses and financial losses incurred, and will also calculate the amount of future lost income. Experts are often required to estimate the value of your claim based on the permanent impairment or disability resulting from your injury.

If the defendant does not have enough insurance to cover your claims, then you might be able to pursue a civil lawsuit against them. But, this is extremely difficult unless the defendant has substantial assets or is a corporate entity with multiple assets.

Statute of Repose

There are some differences between statutes of limitation and statutes of repose. Both restrict the time that a plaintiff is able to file a claim for injury however there are some commonalities. Statutes of limitation are procedural and forward-looking and forward-looking, while statutes of repose are substantive and backward-looking.

A statute of repose, or in other words, is a law which sets a deadline after which legal action is not allowed - without the exceptions that a statute or limitations provide. A statute of repose is typically used in lawsuits involving construction defects, products liability suits and medical malpractice claims.

The major difference is that a statute starts to run after an event, while a statue of limitations usually begins when the plaintiff is aware of or suffers a loss. This can be an issue in product liability cases for instance, as it can take a long time for the plaintiff to purchase and use a product, even before the company is aware of any flaws.

Because of these differences due to these differences, it is imperative that injury victims consult with a personal attorney before the statutes that apply to them expire. Michael Ksiazek, a partner in Stark & Stark’s Yardley office, concentrates on Accident and Injury Law. Contact him today for free consultation.

Duty of Care

A duty of care is the obligation that individuals owe to other people to exercise a reasonable amount of caution when performing activities which could cause harm. It is generally considered negligence when a person fails perform their duty of care and someone is injured due to the negligence. There are many instances where a person company is obligated to provide care to the public. This includes accountants and doctors who prepare tax returns and store owners removing snow and ice off the sidewalks to prevent people from falling and causing injury to themselves.

To be able to claim damages in a negligence case, you must prove that the person who injured you owed a duty of duty and acted in breach of this obligation, and that their breach caused your injury. The standard of care is typically established by what other professionals do in similar situations. If a surgeon performs surgery in the wrong limb the procedure could be regarded as unprofessional conduct, because other surgeons are likely to take the correct chart under similar circumstances.

It is also important to note that the standard of care must not be so high as to create a liability that is unlimited for all parties. It is a balance which is carefully reviewed by juries in jury trials and judges in bench trials.