What Makes Injury Legal?

The term injury law firms legal is used to describe the damage, injury loss or damage that an individual suffers as a result of another's negligence or wrongful acts. It falls under the umbrella of tort law.

The most obvious type of injury is one that's bodily which includes things such as whiplash, concussion, and broken bones. It is imperative to seek medical treatment for these injuries.

Statute of Limitations

The law sets a deadline, called the statute of limitations, within which an individual who has been injured may make a claim. If you fail to comply with the law, your claim will be "time-barred" and you will not be able to obtain compensation for your losses. The time limit for a claim varies from state to state and also depending on the type of case.

The statute of limitations "clock" generally starts to tick when the accident or incident that caused injury occurs. There are a few exceptions to the rule that can prolong the time required to file a lawsuit. One of these exceptions is known as the discovery rule, which states that the clock for the statute of limitations is not set until the injury is discovered or ought to have been discovered. This is typically seen in cases involving hidden conditions, such as asbestos exposure or medical malpractice claims.

Another exception is for minors who have a year from their 18th birthday to initiate litigation even although the statute of limitations typically runs before they reach the age of 19. There is also the "tolling" provision that suspends the statute of limitations for certain situations or events like military service or involuntary mental health commitments. Finally, there is the statute of limitations extension for willful concealment or fraudulent deception.

Damages

Damages are compensation that is paid to the victim in the aftermath of an act of wrongdoing or tort. There are two kinds of damages: punitive and compensatory. Compensatory damages are meant to compensate plaintiffs and to make them whole after an injury. Punitive damages are intended to penalize defendants who committed fraudulent acts, devious actions that cause harm, injury or for gross negligence.

The amount of damages you are able to claim is highly subjective and is based on the particular facts of each case. An experienced personal injury attorney can assist you in determining the totality of your losses. This increases your chances of receiving the highest amount of compensation that is possible. For instance your lawyer could use experts as witnesses to prove the severity of your suffering and pain or a psychologist or psychiatrist expert witness to bolster your emotional distress claim.

To get the maximum amount of compensation, you must have careful documentation of your current and future economic losses. Your lawyer will help you keep a detailed record of all financial losses and expenses incurred and the value of your lost income in the future. Experts are often needed to calculate estimates based on the permanent impairment or disability that results from your injury.

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

Statute of Repose

There are some differences between statutes of limitation and statutes de repose. Both limit the amount of time a plaintiff has to file a claim claiming injury however there are some similarities. Statutes are procedural, forward-looking and substantive.

In simple terms it's a simple definition: a statute of repose is a law that sets a hard deadline after which legal actions are barred -but without the same exemptions as a statute of limitation. A statute of repose is typically used in construction defect lawsuits, products liability suits and medical malpractice claims.

The main difference is that a statute starts to run after an event, whereas the statute of limitations typically begins when the plaintiff notices or suffers the loss. This can be a problem in cases involving product liability for instance, because it may take years for a plaintiff to purchase and use a product prior to the company might have been aware of any defects.

Due to these differences, it's important for injury victims to consult with a personal injury lawyer near them before the applicable statutes of limitation and statutes of repose expire. Michael Ksiazek is a partner at Stark & Stark's Yardley, PA office and focuses on Accident and Personal Injury Law. Contact him to arrange a no-obligation consultation.

Duty of Care

A duty of care is a duty that a person owes others to exercise reasonable caution in doing anything that could foreseeably cause harm. If a person fails meet a duty of diligence and someone is injured as a result, this is deemed to be negligence. There are many situations where a person company is bound by a duty of care to the public. This includes accountants and doctors who prepare tax returns and store owners clearing snow and ice off sidewalks to stop people from falling and causing injury to themselves.

To be able to claim damages in a tort lawsuit you will need to establish that the party that injured you was bound by an obligation of care, and that they breached their duty of care, and that their negligence was the direct and proximate cause of your injury. The standard of care is typically determined by what other experts would do in similar circumstances. For instance when a doctor performs surgery on the wrong leg, it could be deemed a breach of duty because other surgeons working in similar circumstances could be able to read the patient's record correctly.

It is also important to remember that the standard of care must not be so high as to make it impossible to impose liability on all parties. In jury trials, and in bench trials, the balance is carefully scrutinized by juries as well as judges.