What Makes Injury Legal?

Legal injury is a term used to describe the loss or damage that an individual suffers due to an individual's negligent or unlawful actions. It falls under the umbrella of tort law.

The most obvious type of injury law firms is one that's bodily, which includes things like whiplash, injury law firms concussions, and broken bones. These injuries should be treated by medical professionals.

Statute of limitations

The law sets a deadline, known as the statute of limitations, within which an injured party can file a lawsuit. If you do not comply with the law, your claim will be "time-barred" and you will not be able recover compensation for your losses. The time period for the statute of limitations differs from state to state and according to the type of case.

The statute of limitations "clock" typically starts ticking when the accident or incident that resulted in injury attorneys occurs. There are a few exceptions to the rule, which can extend the time for filing a lawsuit. The discovery rule is one exception. It states that the statute-of-limits clock is not set until the injury has been identified or should have reasonably been discovered. This is typically encountered in cases involving concealed conditions, such as asbestos exposure or medical malpractice claims.

A minor may also be granted an extra year to file a lawsuit even when the statute of limitations would typically expire before the age of 19. There is also the "tolling" provision that suspends the limitations period in certain events and situations including military service and involuntary mental hospitalization. There is also the statute of limitations extension for willful concealment or fraudulent misrepresentation.

Damages

Damages are the compensation paid to the victim of an offense (wrongful act). There are two types of damages: punitive and compensatory. Compensation damages compensate plaintiffs for their losses, and are intended to make them whole again after an injury, whereas punitive damages punish a defendant for fraud, a wrongful act that caused harm or reckless negligence.

The amount of damages you are able to claim is highly subjective, and based on the particular facts of each case. A personal injury lawyer with years of experience can assist you in documenting your entire loss. This will increase your odds of receiving the highest amount of compensation you can get. For example your lawyer could employ experts to testify on the severity of your suffering and pain and psychologist or psychiatrist expert witness to back up your claim for emotional distress.

Obtaining maximum compensation requires careful documentation of your current and future economic losses. Your attorney will help you keep detailed records of expenses and financial loss incurred as well as the value of your lost income in the future. Experts are often required to estimate the value of your claim based on the permanent impairment or disability that results from your injury.

If the defendant does not have enough insurance coverage to cover your claims, you can seek a civil judgment against them personally. This can be a challenge unless the defendant is a large company or has multiple assets.

Statute of Repose

There are some differences between statutes of limitation and statutes of repose. Both limit the time a plaintiff has to make a claim for injury however there are some resemblances. Statutes of limitations are procedural and forward-looking while statutes of repose are substantive and retro-looking.

In simple terms the simplest terms, a statute of repose is a law that sets an exact deadline for when legal actions are barredbut without the same exemptions 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 most notable difference is that, while a statute of limitations typically is in effect when the plaintiff is hurt or becomes aware of their loss however, a statute of repose typically begins running when an event triggers it. This can be an issue in product liability cases for instance, since it may take years for a plaintiff to purchase and use a product, even before the company was aware of any defect.

Because of these differences, it's important for victims of injuries to speak with a personal injury attorney close to them before the applicable statutes of limitations and repose statutes run out. Michael Ksiazek is a partner at Stark & Stark's Yardley, PA office and focuses on Accident and Personal Injury Law. Contact him today for free consultation.

Duty of Care

A duty of care is an obligation one owes to others to exercise reasonable care in doing anything that could be predicted to cause harm. It is typically regarded as negligent when a person fails to comply with their obligation of care and someone is injured due to the negligence. A business or individual is bound by a duty of caring to the public in a variety of situations. This includes doctors who prepare tax returns, accountants making tax returns, and store owners clearing snow off the sidewalks so that people don't get injury lawsuits themselves.

To be able to claim damages in a case of negligence, you must prove that the party who injured you owed a duty of duty and acted in breach of this obligation and that their negligence caused your injury. The standard of care is typically established by what other professionals would do in similar circumstances. If a surgeon is performing surgery on the wrong leg the procedure could be regarded as an infraction of duty because other surgeons would follow the chart in similar circumstances.

It is crucial to remember, too, that the standard of care must not be excessive that it creates no limit on liability for all parties. This balance is vetted by juries in jury trials, as well as judges in bench trials.