What Makes Injury Legal?

Legal injury is a term used to describe the loss or damage that a person suffers due to the negligence or wrongdoing of another's actions. It is a part of tort law.

The most obvious type of injury is a bodily one, which includes things like whiplash, concussion and broken bones. It is important to seek medical help for these injuries.

Statute of Limitations

The law provides a time limit, called the statute of limitations, within which an injured person has the option of filing an action. In the event of a delay, it will result in the claim being "time barred" and the injured party will not be able to get compensation for their losses. The time-limit for claims varies from states to states and depending on the type of case.

The "clock" of the statute of limitations usually starts ticking when the accident or injury incident that caused the injury occurs. However, there are some exceptions that may extend the time to file lawsuits. The discovery rule is one such exception. It states that the clock of the statute of limitations is not set until the injury has been identified or should have reasonably been discovered. This is typically seen in cases where conditions are concealed, like asbestos or certain medical malpractice claims.

Another exemption is for minors who have a year from their 18th birthday to initiate lawsuits, even although the statute of limitations usually runs before they reach the age of 19. There is also the "tolling" provision, which extends the limitation period for certain circumstances and events, such as military service and involuntary mental hospitalization. Finally, there is the statute of limitations extension for willful concealment or misrepresentation.

Damages

Damages are the amount of compensation that is paid to the victim of an act of tort (wrongful act). There are two types of damages - compensatory and punitive. Compensatory damages aim to compensate the plaintiffs and ensure they are fully compensated after an injury. Punitive damages are used to penalize defendants for fraudulent acts, devious actions that cause harm, or gross negligence.

The amount of damages is highly subjective, and based on the unique circumstances of each individual case. A personal injury lawyer with experience will assist you in capturing your losses in full. This will increase your chances of obtaining the maximum amount of compensation that is possible. Your lawyer can call experts to testify about the extent of your suffering, or to prove your claim for emotional distress.

Obtaining maximum compensation requires careful documentation of your current and future economic losses. Your lawyer will help you keep a detailed record of all costs and financial losses you incur in addition to the value of your future lost income. This can be difficult and often involves calculating estimates based on the permanent impairment caused by your injury or disability and requires the assistance of experts.

If the defendant doesn't have enough insurance to cover your claims, you might be able to obtain a civil judgement against them. But, this is extremely difficult unless the defendant has significant assets or is a corporate entity with multiple assets.

Statute of Repose

While statutes of limitations and statutes of repose both restrict the time a plaintiff has to file a claim for injury There are a few notable distinctions between the two. Statutes of limitation are a procedural and forward-looking law statutes of repose are substantive and retro-looking.

A statute of repose, in short it's a law that specifies a timeframe after which legal action is barred - without the same exceptions that a statute or limitations. A statute of repose is often used in product liability suits and injury medical malpractice claims.

The most notable difference is that, while the statute of limitations typically is in effect when the plaintiff suffers harm or discovers their loss, a statute of repose generally begins to run when an event triggers it. 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 defect.

Due to these variations in the law, it is essential that injury victims consult with an attorney before the applicable statutes expire. Michael Ksiazek is a partner at the Stark & Stern's Yardley, PA office and is focused on Accident & Personal Injury Law. Contact him for a no-obligation consultation.

Duty of Care

A duty of care is a duty one owes to others to exercise reasonable care in doing anything that could be predicted to cause harm. It is generally considered negligence when someone fails to comply with their obligation of care and someone is injured due to the negligence. There are a myriad of circumstances where a person company owes a duty of care to the public. This includes accountants and doctors preparing tax returns and store owners removing snow and ice from the sidewalks to avoid people falling and hurting themselves.

To be able to claim damages in a negligence claim, you must prove that the party who injured you owed a duty of duty and breached their duty of duty, and that their breach caused your injury. The standard of care is usually determined by what other doctors would do in similar circumstances. If a doctor performs surgery in the wrong place this could be considered an infraction of duty since other surgeons take the correct chart under similar circumstances.

It is important to keep in mind, too, that the standard of care must not be enough to impose the same liability to all parties. In jury trials, as well as in bench trials the balance is evaluated by juries as well as judges.