What Makes Injury Legal?

The term"injury legal" is used to describe the damage, loss or damage that an individual suffers as a result from another party's negligent actions or wrongful conduct. It is a part of tort law.

The most obvious kind of injury is a bodily one which includes things such as whiplash, concussions, and broken bones. These injuries must be treated by an experienced medical professional.

Statute of Limitations

The law sets the time frame, also known as the statute of limitations that an injured person can file an action. Failing to do so will result in the claim being "time barred" and the victim will not be able to claim compensation for their losses. The time period for the statute of limitations differs from state to state, and also depending on the type of case.

The statute of limitations "clock" typically starts ticking at the time the accident or incident that led to injury occurs. However, there are some exceptions that could extend the time needed to file a lawsuit. One of these exceptions is known as the discovery rule which states that the clock of statute of limitations is not set until the injury is discovered or could have been discovered. This is typically seen when conditions are concealed, such as asbestos or certain medical malpractice claims.

A minor may be granted an additional year to file a lawsuit, even though the statute would normally expire before turning 19. There is also the "tolling" provision that suspends the limitations period during certain circumstances including military service and involuntary mental hospitalization. The statute of limitations may be extended for fraud or deliberate concealment.

Damages

Damages are compensation paid to the victim of an act of tort (wrongful act). There are two types of damages: compensatory and punitive. Compensation damages are designed to compensate plaintiffs and to make them whole after an injury. Punitive damages are designed to penalize 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. An experienced personal injury lawyer attorney can assist you in documenting the extent of your losses. This will increase your odds of obtaining the maximum amount of compensation you can get. For example the lawyer might use experts to testify on the extent of your pain and suffering and psychological or psychiatric expert witness to support your emotional distress claim.

To receive the most compensation, you must document your losses now and in the future. Your attorney will help you keep detailed records of costs and financial losses you incur and the value of your future lost income. Experts are often required to calculate estimates based on the permanent impairment or disability resulting from your injury.

If the defendant doesn't have enough insurance to cover your claims, you could be able to pursue a civil lawsuit against them. But, this is extremely difficult unless the defendant has significant assets or is a company 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 an injury claim However, there are some important distinctions between the two. Statutes of limitations are a procedural and forward-looking law statutes of repose are substantive and retro-looking.

In a nutshell the simplest terms, a statute of repose is a law that establishes an exact deadline for when legal actions are barred -- without the same exceptions as the statute of limitations. It's common for firm a statute of repose to apply to construction defect cases, product liability lawsuits as well as medical malpractice claims.

The primary difference is that a statute starts to run following an event, while the statute of limitations usually begins when the plaintiff is aware of or suffers the loss. This is a concern in product liability cases for instance, as it can take a long time for the plaintiff to purchase and use a product, even before the company was aware of any defects.

Due to these distinctions, it's important for injured victims to speak with a personal injury attorney near them prior to when the applicable statutes of limitations and statutes of repose run out. Michael Ksiazek is a partner at the firm of Stark & Stark's Yardley, PA office and is focused on Accident & Personal Injury Law. Contact him today for a no-obligation consultation.

Duty of Care

A duty of care is the obligation people owe other people to exercise a reasonable amount of caution when doing something which could cause harm. If someone fails to comply with a duty and someone is injured due to it, it is considered to be a case of negligence. A business or individual has a duty of caring to the public in a variety of situations. This includes doctors who prepare tax returns, accountants working on tax returns, and store owners clearing snow from sidewalks to ensure people don't get hurt themselves.

To be able to claim damages in a tort lawsuit you will need to establish that the party that injured you owed you an obligation of care, that they violated that duty of care and that their breach was the primary and direct cause of your injuries. The standard of care is generally established by what other professionals would do under similar circumstances. For example in the event that a doctor does surgery on the wrong leg, it may be considered a breach of duty since other surgeons operating in the same circumstances would likely read the patient's chart correctly.

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