What Makes Injury Legal?

The term"injury legal" can be used to describe the harm or loss an person suffers of a negligent act or wrongful conduct. It falls under tort law.

The most obvious kind of injuries is the bodily 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 a timeframe, called the statute of limitations within which an injured person can bring a lawsuit. If you don't comply, your claim will be "time-barred" and injuries you will not be able to get compensation for your losses. The details of the statute of limitations vary from state to state and each kind of claim has its own particular time period as well.

The statute of limitations "clock" typically begins ticking at the time the accident or incident that caused injury occurs. There are a few exceptions to the rule that can prolong the time required to file a lawsuit. One such exception is known as the discovery rule, which states that the statute of limitations clock is not set until the injury is discovered or should have been discovered. This is seen most often in situations where the cause is hidden, such asbestos or certain medical malpractice claims.

A minor can be granted an additional year to file a lawsuit even that the statute would typically expire before turning 19. Then there is the "tolling" provision, which suspends the statute of limitations during certain events or situations such as military service or involuntary mental health commitments. The statute of limitations may be extended for fraud or deliberate concealment.

Damages

Damages are compensation paid to the victim of the tort (wrongful act). There are two kinds of damages: punitive and compensatory. Compensatory damages are meant to compensate plaintiffs for their losses and are intended to restore them after an injury, whereas punitive damages punish a defendant for fraud, a devious act that caused harm or gross negligence.

The amount of damages awarded is highly dependent and based on the unique facts of each case. An experienced personal injury attorney can assist you in documenting the full extent of your losses. This increases your chances of obtaining the maximum amount of compensation possible. For example, your lawyer may use experts to testify about the severity of your pain and suffering or a psychologist or psychiatrist expert witness to support your claim for emotional distress.

In order to maximize compensation, you need to take care in the documentation of your current and future economic losses. Your attorney will assist in keeping meticulous documents of the expenses and financial losses incurred, and also in calculating the value of any future loss of income. This can be a bit complicated and usually involves making estimates based on the severity of your injury lawsuit and its permanent disability, which 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. This can be a challenge unless the defendant is a major corporation or has multiple assets.

Statute of Repose

There are some differences between statutes of limitation and statutes de repose. Both restrict the time a plaintiff has to file a claim for injury, but there are also some similarities. Statutes of limitation are procedural and forward-looking, whereas statutes of repose are substantive and backward-looking.

In simple terms an esoteric sense, a statute or repose is a law that establishes an exact deadline for when legal actions are barredwith the same exceptions as a statute of limitations. A statute of repose is usually used in product liability suits and medical malpractice claims.

The main difference is that whereas the statute of limitations generally runs when the plaintiff suffers injury or is aware of their loss, a statute of repose typically begins running when an incident 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 prior to the company was aware of any defects.

Due to these variations due to these differences, it is imperative to ensure that victims of injuries consult an attorney prior to the statutes that apply to them expire. Michael Ksiazek is a partner at Stark and Stark's Yardley, PA office and concentrates on Accident and Personal Injury Law. Contact him today for a free consultation.

Duty of Care

A duty of care is an obligation one owes to others to exercise reasonable caution when doing something that could foreseeably cause harm. If a person fails to perform a duty of care and suffers injury because of it, this is deemed to be negligence. A company or person has an obligation of care towards the public in a variety of situations. This includes doctors who prepare tax returns, accountants preparing tax returns and store owners removing snow off sidewalks to ensure that people don't fall and end up hurting themselves.

To be able to claim damages in a negligence case, you must prove that the person who injured you was in obligations to you, that they breached this duty duty and that their lapse caused your injury. The standard of care is usually established by what other professionals would do under similar circumstances. For instance when a doctor performs surgery on the wrong leg, it could be considered to be a breach of duty because other surgeons working in similar circumstances will likely have read the patient's medical chart correctly.

It is also important to remember that the standard of care must not be so high that it will limit liability to all parties. In jury trials, and in bench trials, the balance is carefully scrutinized by juries as well as judges.