What Makes Injury Legal?

The term "injury legal" is used to describe the loss or damage sustained by a person due to an other person's negligent or illegal actions. It falls under tort law.

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

Statute of limitations

The law sets an amount of time, referred to as the statute of limitations in which an injured person can file an action. In the event of a delay, it will result in the claim being "time barred" and the person who was injured is not able to get compensation for their losses. The statute of limitations varies from state to state and by type of case.

The statute of limitations "clock" typically starts ticking at the time the accident or incident that caused injury occurs. However, there are a few exceptions that could prolong the time for filing a lawsuit. The discovery rule is an exception. It states that the clock for the statute of limitations does not start until the injury has been identified or ought to have been discovered. This is usually seen when conditions are hidden, such as asbestos or certain medical malpractice claims.

A minor may be granted an additional year to file a lawsuit, even when the statute of limitations would typically expire before they turn 19. There is also the "tolling" provision that suspends the statute of limitations for certain situations or events such as military service or involuntary mental health obligations. There is also the statute of limitations extension for fraud or willful deception.

Damages

Damages are a form of compensation given to the victim of an offense (wrongful act). There are two kinds of damages: compensatory and punitive. Compensatory damages are intended to compensate the plaintiffs and to make them whole after an injury. Punitive damages are meant to penalize defendants for fraudulent acts, devious actions that caused harm or for gross negligence.

The amount of damage is highly subjective and is based on each case's unique facts. A seasoned personal injury lawyer can assist you in documenting the complete extent of your losses. This will improve your chances of receiving the highest amount of compensation that is possible. Your lawyer may call in expert witnesses to describe the extent of your suffering, or injury to prove 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 with keeping detailed reports of the costs and financial losses you have incurred, and will also calculate the value of your future loss of income. This can be complicated and often involves the calculation of estimates based upon your injury's permanent impairment or disability that requires the help of experts.

If the defendant has insufficient insurance coverage to cover your claims, then you can get a civil judgement against them personally. This can be a challenge unless the defendant is a major company or has multiple assets.

Statute of Repose

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

A statute of repose, as it's known is a law that gives a time limit when legal action can be barred - without the same limitations that a statute limitations would provide. A statute of repose is often used in construction defect lawsuits, products liability suits, and medical malpractice claims.

The most notable difference is that, while the statute of limitations typically begins to run when the plaintiff is injured or learns of their loss the statute of repose generally begins to run when an incident triggers it. This could be a problem in cases involving product liability for instance, because it could 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 and the fact that there are a variety of different laws, it is important for injured victims to speak with a personal injury lawyer near them before the applicable statutes of limitation and statutes of repose run out. Michael Ksiazek is a partner at Stark & Stark's Yardley, PA office and is focused on Accident and Personal Injury Law. Contact him today for a no-obligation 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 expected to cause harm. If a person fails to meet a duty of diligence and injury suffers injury as a result, this is deemed to be negligence. A business or individual has an obligation to care for the public in many instances. This includes doctors who prepare tax returns, accountants preparing tax returns and store owners removing snow from sidewalks to ensure people don't slip and harm themselves.

To successfully claim damages in a tort lawsuit, you will need to prove that the party who injured you owed you a duty of care, that they violated their duty of care and that their breach was the primary and most direct cause of your injury. The level of care required is usually determined by what other doctors perform in similar situations. For example, if a doctor performs surgery on the wrong leg, it could be considered to be a breach of duty since other surgeons operating in the same circumstances would likely be able to read the patient's record correctly.

It is important to note that the standard of care should not be excessive that it creates the same liability to all parties. In jury trials, and in bench trials the balance is assessed by juries and judges.