What Makes Injury Legal?

Legal injury is a term used to define the harm or loss that an individual suffers as a result of an other person's negligent or illegal actions. It falls under the umbrella of tort law.

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

Statute of Limitations

The law sets the time frame, also known as the statute of limitations that an injured party can file a lawsuit. Failing to do so will result in the claim being "time barred" and the person who was injured cannot claim compensation for their losses. The particulars of the statute of limitations differ from state to state, Injury Lawsuits and each kind of instance has its own distinct time frame.

The statute of limitations "clock" typically starts ticking at the point that the accident or incident causing injury occurs. There are a few exceptions to the standard that may 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 cannot begin until the injury is discovered or reasonably should have been discovered. This is typically seen in cases involving hidden circumstances, such as asbestos exposure or medical malpractice claims.

A minor can be granted an additional year to file a lawsuit even though the statute would normally expire prior to turning 19. Then there is the "tolling" provision, which suspends the statute of limitations for certain situations or events such as military service or involuntary mental health commitments. Finally, there is the statute of limitations extension for fraud or willful false representation.

Damages

Damages are compensation given to the victim after an act of wrongdoing or tort. There are two types of damages: punitive and compensatory. Compensatory damages pay plaintiffs back their losses and are intended to make them whole again after an accident, whereas punitive damages penalize the defendant for fraud, an ill-intentional act that caused harm or gross negligence.

The amount of damages you are able to claim is highly subjective, and based on the particular facts of each case. A seasoned personal injury lawyer can assist you in determining the extent of your losses. This will improve your chances of receiving the highest amount of compensation that is possible. Your lawyer may call in experts to explain the severity of your pain and suffering or to support your claim for emotional distress.

To receive the maximum amount of compensation, you need to have thorough documentation of your present and future economic losses. Your attorney will assist you in keeping detailed reports of the costs and financial losses that you incur, and will also calculate the value of future lost income. Experts are often required to calculate estimates based upon the permanent impairment or disability that results from your injury.

If the defendant is not covered by insurance coverage to pay your claims, then you can get a civil judgement against them personally. This can be a challenge unless the defendant is a large company or has multiple assets.

Statute of Repose

While statutes of limitations and statutes of repose restrict the time a plaintiff must wait to file an injury claim however, there are some significant differences between the two. Statutes are procedural, forward-looking and substantive.

In essence the simplest terms, a statute of repose is a law which sets a hard deadline after which legal actions are barredwith the same exceptions as a statute of limitation. It is common for a statute of repose to apply to construction defect cases, product liability lawsuits and medical malpractice claims.

The biggest difference is that while the statute of limitations usually starts to run when a plaintiff is hurt or becomes aware of their loss and a statute of restraint typically begins to run when an incident triggers it. This can be an issue in cases involving product liability for instance, because it can take a long time for the plaintiff to purchase and use a product, even before the company is aware of any flaws.

Due to these variations due to these differences, it is imperative that injured victims consult a personal attorney before the statutes that apply to them expire. Michael Ksiazek, a partner in Stark &Stark's Yardley office, focuses on Accident and Injury Law. Contact him today to arrange a free consultation.

Duty of Care

A duty of care is the obligation that one has to others to use reasonable caution when performing activities that could cause harm. If a person fails fulfill a duty of care, and someone is injured because of it, this is considered to be negligence. A company or person has the obligation of care to the public in many situations. This includes doctors who prepare tax returns, accountants making tax returns, and store owners clearing snow from sidewalks so that people do not fall and injury lawsuits themselves.

In order to successfully claim damages in a tort lawsuit, you will need to show that the person who injured you was owed a duty of care, and that they breached their duty of care, and that their negligence was the primary and direct cause of your injury lawsuits. The standard of care is usually determined by what other experts do in similar circumstances. For example when a doctor performs surgery on the wrong leg, it may be considered to be a breach of duty since other surgeons operating in similar circumstances will likely be able to read the patient's record correctly.

It is important to remember that the standard of care must not be so high that it will limit liability to all parties. In jury trials, and in bench trials, the balance is carefully assessed by juries and judges.