What Makes Injury Legal?

The term "injury legal" is used to define the harm or loss that a person suffers due to an other person's negligent or illegal actions. It is a part of tort law.

The most obvious injury is a bodily injury that can result in concussions whiplash, injury and fractured bones. These injuries should be treated by a medical professional.

Statute of Limitations

The law sets a timeframe, called the statute of limitations within which an injured person can make a claim. If you do not comply, your claim will be "time-barred" and you will not be able recover compensation for your losses. The time limit for a claim varies from state to state and according to the type of case.

The "clock" of the statute of limitations typically starts to tick when an accident or incident that caused the injury occurs. However, there are some exceptions that could prolong the time needed to file an action. The discovery rule is a prime exception. It states that the statute-of-limitations clock will not begin until the injury has been discovered or should have reasonably been discovered. This is usually found in cases involving hidden issues, such as asbestos exposure or medical malpractice claims.

Another exemption is for minors who have a year following their 18th birthday when they can initiate litigation even when the statute of limitations would normally run before they reach the age of 19. There is also the "tolling" provision that suspends the statute of limitations in certain circumstances, such as military service or involuntary mental health obligations. The statute of limitation can be extended in the event of fraud or willful concealment.

Damages

Damages are a form of compensation that is given to the victim after an act of wrongdoing or tort. There are two types of damages - compensatory and punitive. Compensatory damages pay plaintiffs back their losses and are intended to make them whole again after an injury, while punitive damages punish a defendant for fraud, a devious act that caused harm, or reckless negligence.

The amount of damages is extremely subjective and based on the specific facts of each case. An experienced personal injury attorney can assist you in documenting the full extent of your losses. This increases your chances of obtaining the largest amount possible. For example your lawyer could use expert witnesses to testify on the extent of your pain and suffering or a psychologist or psychiatrist expert witness to support your emotional distress claim.

To receive the highest amount of compensation, it is essential to document your current and future losses. Your lawyer will assist in keeping detailed reports of the costs and financial losses that you incur, and also calculating the value of future lost income. This can be difficult and often involves calculating estimates based on the severity of your injury and its permanent disability, which requires the assistance of experts.

If the defendant does not have enough insurance to cover your claims, you may be able to seek a civil judgment against them. This can be extremely difficult unless the defendant has significant assets or is a company with multiple assets.

Statute of Repose

There are some differences between statutes of limitation and statutes of repose. Both restrict the time a plaintiff can bring a claim for injury, but there are also some similarities. Statutes of limitation are procedural and forward-looking while statutes of repose are substantive, and look backwards.

A statute of repose, or in other words it is a law that sets a deadline that must be met before legal action is closed - without the exceptions as a statute or limitations have. A statute of repose is often used in cases involving defective construction, products liability suits and medical malpractice claims.

The primary difference is that a statute starts to run after an event, while the statute of limitations typically starts when the plaintiff discovers or suffers the loss. This could be a problem in product liability cases. It could take several years before a plaintiff purchases and uses a product and the company becomes aware of any issues.

Due to these differences, it's important for victims of injuries to speak 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 Stark & Stark's Yardley, PA office and is a specialist in Accident & Personal Injury Law. Contact him now for free consultation.

Duty of Care

A duty of care is the obligation that people owe others to use reasonable caution when performing actions that could cause harm. It is usually regarded as negligence when an individual fails to perform their duty of care and a person is injured in the process. A business or individual is bound by an obligation to care for the public in many situations. This includes doctors preparing tax returns, accountants who prepare tax returns and store owners removing snow off the sidewalks so that people don't slip and harm themselves.

To be able to claim damages in a negligence case you must prove that the person who injured you was in a duty of duty and that they violated this duty duty and that their lapse caused your injury. The standard of care is generally established by what other professionals would do in similar circumstances. If a surgeon is performing surgery in the wrong place, this may be considered a breach of duty, because other surgeons are likely to take the correct chart under similar circumstances.

It is vital to note that the standard of care must not be too high that it imposes an unlimited liability on all parties. In jury trials, and in bench trials the balance is scrutinized by juries as well as judges.