What Makes Injury Legal?

The term injury legal is used to describe the damage or loss an individual suffers of another's negligence or wrongful conduct. It falls under the umbrella of tort law.

The most obvious injury is a bodily injury that includes concussions, whiplash, broken bones, and concussions. These injuries must be treated by a medical professional.

Statute of limitations

The law provides an amount of time, referred to as the statute of limitations within which an injured person is able to file an action. Failure to comply with this deadline will result in the claim being "time barred" and the victim is not able to get compensation for their losses. The time-limit for claims varies from states to states and by type of case.

The statute of limitations "clock" typically starts ticking at the time the accident or incident that resulted in injury occurs. However, there are a few exceptions that could prolong the time needed to file a lawsuit. One of these exceptions 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 reasonably could have been discovered. This is often encountered in cases involving concealed circumstances, such as asbestos exposure or certain medical malpractice claims.

Another exception applies to minors, who have a year after their 18th birthday to begin litigation, even although the statute of limitations typically runs before they reach age 19. There is also the "tolling" provision that suspends the statute of limitations for certain events or circumstances like military service or involuntary mental health commitments. The statute of limitations may be extended in the event of fraudulent misrepresentation or willful concealment.

Damages

Damages are the compensation paid to the victim of an act of tort (wrongful act). There are two main types of damages: compensatory and punitive. Compensation damages compensate plaintiffs for their losses and are intended to help them recover after an injury, while punitive damages are intended to punish the defendant for fraud, a malicious act that caused harm or gross negligence.

The amount of damages awarded is highly subjective and is based on the unique circumstances of each case. A personal injury lawyer who has experience can assist you with logging your full losses. This will increase your chances of receiving the maximum amount possible. For instance, your lawyer may use experts as witnesses to prove the extent of your pain and suffering or a psychological or psychiatric expert witness to support your emotional distress claim.

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 to keep a detailed record of all costs and financial losses you incur as well as the amount of your lost income in the future. This can be a bit complicated and often requires calculating estimates based on the severity of your injury and its permanent disability and requires the assistance of experts.

If the defendant has insufficient insurance coverage to pay your claims, then you can obtain a civil judgment against them personally. However, this could be very difficult unless the defendant has a substantial amount of assets or is a corporation with multiple assets.

Statute of Repose

While statutes of limitations and statutes of repose limit the time a plaintiff must wait to file a claim for injury, there are some notable distinctions between the two. Statutes of limitations are a procedural and forward-looking law and forward-looking, while statutes of repose are substantive and forward-looking.

In simple terms, a statute of repose is a law that sets an exact deadline for when legal actions are barredbut without the same exemptions as the statute of limitations. It is typical for a statute of repose to apply to construction defect cases, product liability lawsuits and medical malpractice claims.

The major difference is that a statute begins to run following an event, while a statue of limitations usually begins when the plaintiff is aware of or suffers losses. This can be an issue in cases involving product liability for instance, since it may take years for a plaintiff to purchase and use a particular product before the company might have been aware of any flaws.

Because of these differences, it's important that victims of injury consult with a personal injury lawyer near them prior to when the applicable statutes of limitation and repose statutes run out. Michael Ksiazek is a partner at Stark and Stark's Yardley, PA office and is a specialist in Accident & Personal Injury Law. Contact him now for an initial consultation for no cost.

Duty of Care

A duty of care is the obligation that one owes to others to exercise reasonable care when doing things that could cause harm. It is generally regarded as negligence when someone fails to comply with their obligation of care and injury a person is injured in the process. There are a variety of situations where a person business is responsible for providing care to the public, including accountants and doctors who prepare tax returns and store owners who clear snow and ice off sidewalks to prevent people from falling and causing injury to themselves.

To be able to claim damages in a negligence claim, you must prove that the party who injured you owed the duty to protect you, that they breached this duty duty and that their negligence caused your injury. The norm of care is usually established by what other professionals would do under similar circumstances. If a surgeon performs surgery in the wrong limb it could be deemed a breach of duty, since other surgeons be able to read the chart correctly in similar circumstances.

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