What Makes Injury Legal?

The term "injury legal" is used to define the harm or loss that a person suffers as a result of another party's negligent or wrongful actions. It falls under the umbrella of tort law.

The most obvious accident is a bodily affliction which can include concussions whiplash, and broken bones. It is essential to seek medical attention for these injuries.

Statute of limitations

The law sets a deadline, known as the statute of limitations, within which a person injured can bring a lawsuit. If you fail to meet the deadline with the law, your claim will be "time-barred" and you won't be able recover compensation for your losses. The specifics of the statute of limitations vary from state to state, and each kind of instance has its own distinct time frame.

The statute of limitations "clock" typically starts ticking when the accident or incident that resulted in injury occurs. However, there are some exceptions that can extend the time needed to file lawsuits. One of them is known as the discovery rule, which states that the clock for the statute of limitations doesn't begin until the injury is discovered or should have been discovered. This is typically seen in cases where injuries are hidden, such asbestos or certain medical malpractice claims.

A minor can be granted an additional year to file a lawsuit even although the statute would usually expire before turning 19. Then there is the "tolling" provision, which suspends the statute of limitations in certain situations or events like military service or involuntary mental health commitments. There is also the statute of limitations extension for willful concealment or deception.

Damages

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

The amount of damages awarded is subjective and based upon the particular facts of each case. A personal injury lawyer with experience can assist you in documenting the full extent of your losses. This increases your chances of receiving the maximum amount possible. Your lawyer may call in experts to testify about the severity of your suffering, or to support your claim for emotional distress.

In order to maximize compensation, you need to take care in the documentation of your present and future economic losses. Your lawyer will assist you with keeping detailed records of the expenses and financial losses you have incurred, and also in calculating the amount of future lost income. Experts are often needed to determine estimates based on the permanent impairment or disability of your injury.

If the defendant does not have sufficient insurance to cover your claims, you may be able to pursue a civil lawsuit against them. This can be extremely difficult unless the defendant is a large asset or is a business with multiple assets.

Statute of Repose

While statutes of limitations and statutes of repose limit the amount of time that a plaintiff has to file a lawsuit however, there are some significant differences between the two. Statutes are procedural, forward-looking and substantive.

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

The main difference is that a statute begins to run after an event, whereas the statute of limitations generally begins when a plaintiff finds or suffers the loss. This is a concern in cases involving product liability for instance, injury since it may take years for the plaintiff to purchase and use a product before the company was aware of any flaws.

Because of these differences due to these differences, it is crucial for injured victims to speak with a personal injury attorney near them prior to when the applicable statutes of limitation and statutes of repose expire. Michael Ksiazek is a partner at the Stark & Stern'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 a duty one owes to others to exercise reasonable care when doing something that could cause harm in the future. It is typically regarded as negligent when a person fails to meet their duty of care and a person is injured as a result. There are many situations where a person or business is responsible for providing care to the public. This includes accountants and doctors who prepare tax returns and store owners clearing snow and ice from the sidewalks to prevent people from falling and injuring themselves.

To successfully seek damages in a tort case, you will need to prove that the party who injured you had the duty of care, that they breached that duty of care and that their breach was the direct and proximate cause of your injuries. The standard of care is usually determined by what other professionals do in similar circumstances. For example when a doctor performs surgery on the wrong leg, it could be considered a breach in duty because other surgeons under similar circumstances could read the patient's chart correctly.

It is important to keep in mind, too, that the standard of care must not be enough to impose no limit on liability for all parties. In jury trials, as well as in bench trials the balance is examined by both juries and judges.