What Makes Injury Legal?

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

The most obvious form of injuries is the bodily that includes things like concussion, whiplash and broken bones. It is important to seek medical attention for these injuries.

Statute of limitations

The law sets a deadline known as the statute of limitations, within which an injured party can bring a lawsuit. If you fail to comply with the statute of limitations, your claim is "time-barred" and you won't be able claim compensation for your losses. The details of the statute of limitations can differ from state to state, and each kind of claim has its own particular time period as well.

The statute of limitations "clock" typically starts ticking at the time the accident or incident causing injury occurs. However, there are many exceptions that may extend the time to file lawsuits. One of these exceptions is known as the discovery rule which states that the statute of limitations clock cannot begin until the injury is discovered or could have been discovered. This is usually seen in cases where conditions are hidden, such as asbestos or certain medical malpractice claims.

Another exception is for minors who have a year following their 18th birthday to initiate lawsuits, even although the statute of limitations usually runs before they reach the age of 19. Then there is the "tolling" provision, which suspends the statute of limitation during certain circumstances, like military service or injuries involuntary mental health obligations. The statute of limitations may be extended in the event of fraudulent misrepresentation or intentional concealment.

Damages

Damages are compensation given to the victim following an act of wrongdoing or tort. There are two types of damages: punitive and compensatory. Compensatory damages aim to compensate the plaintiffs and restore them to their fullness after an injury. Punitive damages are designed to punish the defendants for fraudulent acts, devious actions that caused harm or gross negligence.

The amount of damages awarded is subjective and is based on the specific circumstances of each case. A personal injury lawyer with years of experience can assist you with logging your entire loss. This will increase your chances of obtaining the maximum amount of compensation possible. For example the lawyer might use experts to testify about the extent of your pain and suffering, or a psychological or psychiatric expert witness to support 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 help you keep meticulous records of the costs and financial losses you incur as well as the amount of the future loss of income. This can be a bit complicated and often involves formulating estimates based on the permanent impairment caused by your injury or disability which requires the assistance of experts.

If the defendant doesn't have enough insurance to cover your claims, you may be able pursue an injunction against them. However, this could be difficult if the defendant has significant assets or is a corporate entity with multiple assets.

Statute of Repose

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

A statute of repose, or in other words is a law that specifies a timeframe after which legal action is closed - without the exceptions as a statute of limitations have. It's common for a statute of repose to be applied to construction defect cases, products liability lawsuits, as well as medical malpractice claims.

The most notable distinction is that the statute of limitations usually begins to run when the plaintiff is injured or learns of their loss, injuries a statute of repose generally begins to run when an event triggers it. This can be a problem in product liability cases for instance, as it could take a long time for a plaintiff to purchase and use a product before the company was aware of any flaws.

Because of these differences, it's important for injured victims to speak with a personal injury lawyer near them before the applicable statutes of limitations and statutes of repose expire. Michael Ksiazek is a partner at Stark & Stark's Yardley, PA office and is a specialist in Accident and Personal Injury Law. Contact him now for no-cost consultation.

Duty of Care

A duty of care is the obligation that one owes to other people to exercise a reasonable amount of caution when performing actions that could lead to harm. It is generally considered negligence when a person fails to fulfill their duty of care, and someone is injured due to the negligence. There are many instances where a person company owes a duty of care to the public, including accountants and doctors who prepare tax returns and store owners removing snow and ice from sidewalks to stop people from falling and hurting themselves.

To be able to claim damages in a negligence case you must prove that the party who injured you had the duty to protect you and breached their obligation, and that their breach caused your injury. The standard of care is typically established by what other professionals would do under similar circumstances. For instance in the event that a doctor does surgery on the wrong leg, it may be considered a breach of duty because other surgeons working in similar circumstances could examine the patient's chart in a correct manner.

It is vital to note, too, that the standard of care should not be so high that it imposes the same liability to all parties. In jury trials, and in bench trials the balance is assessed by juries and judges.