What Makes Injury Legal?

The term"injury legal" can be used to describe the harm, loss or damage that an individual suffers as a result of another's negligence or indefensible actions. It falls under the umbrella of tort law.

The most obvious type of injury is a bodily one that includes things like concussion, whiplash and broken bones. These injuries should be treated by medical professionals.

Statute of limitations

The law establishes a deadline, called the statute of limitations, within which an injured party can make a claim. If you don't comply, your claim will be "time-barred" and you won't be able to obtain compensation for your losses. The time limit for a claim varies from state to state, and also depending on the type of claim.

The "clock" of the statute of limitations typically begins to tick once the incident or accident that caused the injury occurs. However, there are several exceptions that can extend the time for filing lawsuits. One such exception 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 should have been discovered. This is often seen in cases involving hidden conditions, like asbestos exposure or medical malpractice claims.

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

Damages

Damages are compensation paid to the victim of a tort (wrongful act). There are two kinds of damages: punitive and compensatory. Compensation damages are designed to compensate plaintiffs and ensure they are fully compensated after an injury law firm. Punitive damages are designed to penalize defendants for fraudulent acts, devious acts that caused harm, or gross negligence.

The amount of damages you are able to claim is highly subjective, and is based on the specific facts of each case. A seasoned personal injury lawyer can assist you in determining the totality of your losses. This increases your chances of receiving the maximum amount possible. For instance your lawyer could use experts to testify about the severity of your pain and suffering, or a psychologist or psychiatrist expert witness to support your emotional distress claim.

Obtaining maximum compensation requires careful documentation of your present and future economic losses. Your lawyer will assist with keeping detailed reports of the costs and financial losses incurred, as well as calculating the value of future lost income. Experts are often required to determine estimates based on the permanent impairment or disability of your injury.

If the defendant does not have enough insurance to cover your claims, then you might be able to seek a civil judgment against them. However, this can be difficult if the defendant has significant assets or is a company with multiple assets.

Statute of Repose

There are some differences between statutes of limitation and statutes de repose. Both restrict the time a plaintiff is able to make a claim for injury however there are certain similarities. Statutes are procedural, forward-looking, and substantive.

A statute of repose, as it's known is a law that establishes a time frame after which legal action is not allowed - without the limitations that a statute limitations would provide. It's common for a statute of repose to apply to construction defect cases, products liability lawsuits as well as medical malpractice claims.

The main distinction is that the statute of limitations usually starts to run when a plaintiff suffers injury or is aware of their loss, a statute of repose typically begins to run when an incident triggers it. This is a concern in product liability cases, for example, since it can take a long time for the plaintiff to purchase and injury use a product, even before the company was aware of any defect.

Due to these distinctions, it's important for injury victims to consult with a personal injury lawyer close to them before the applicable statutes of limitations and repose statutes expire. Michael Ksiazek, a partner in Stark & Stark’s Yardley office, focuses on Accident and Injury Law. Contact him to arrange a no-obligation consultation.

Duty of Care

A duty of care is the obligation that people owe others to use reasonable caution when performing activities that could lead to harm. If someone fails to meet a duty of diligence and suffers injury because of it, this is considered to be a case of negligence. A business or individual has a duty of caring to the public in many situations. This includes doctors who are preparing tax returns, accountants who prepare tax returns, and store owners clearing snow off sidewalks to ensure that people don't slip and end up hurting themselves.

To successfully claim damages in a case of tort, you will need to prove that the party who injured you was owed the duty of care, and that they violated that duty of care, and that their negligence was the sole and primary cause of your injury. The level of care required is usually determined by what other experts do in similar circumstances. If a doctor performs surgery on the wrong leg this could be considered a breach of duty, since other surgeons take the correct chart under similar circumstances.

It is important to remember that the standard of care should not be so high that it could impose unlimited liability on all parties. This balance is vetted by juries in jury trials and judges in bench trials.