What Makes Injury Legal?

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

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

Statute of Limitations

The law sets a deadline, called the statute of limitations, within which an injured party can make a claim. Failing to do so will result in the claim being "time barred" and the person who was injured cannot receive compensation for their losses. The details of the statute of limitations vary from state to state, and each type of instance has its own distinct time frame as well.

The "clock" of the statute of limitations typically begins to tick once the incident or accident that caused the injury occurs. There are a few exceptions to the rule that can extend the time for filing a lawsuit. One such exception is known as the discovery rule which states that the statute of limitations clock does not begin until the injury is discovered or reasonably could have been discovered. This is typically seen in cases where conditions are concealed, such as asbestos or injury law firms certain medical malpractice claims.

Another exemption is for minors who have one year from their 18th birthday when they can initiate lawsuits, even when the statute of limitations usually runs before they reach age 19. Then there is the "tolling" provision that suspends the statute of limitation during certain events or situations such as military service, or involuntary mental health obligations. There is also the extension of the statute of limitations for fraud or willful misrepresentation.

Damages

Damages are the amount of compensation that is paid to the victim of the tort (wrongful act). There are two kinds of damages: compensatory and punitive. Compensatory damages aim to compensate the plaintiffs and to make them whole after an injury. Punitive damages are meant to penalize defendants who committed fraud, malicious actions that cause harm, or for gross negligence.

The amount of damage is highly subjective, and based on the particular facts of each case. A personal injury lawyer with years of experience will assist you in capturing your full losses. This increases your odds of obtaining the most money possible. For example the lawyer might use expert witnesses to testify on the extent of your pain and suffering as well as a psychological or psychiatric expert witness to strengthen your emotional distress claim.

To get the maximum compensation, you must carefully document your losses now and in the future. Your attorney will assist in keeping detailed documents of the expenses and financial losses incurred as well as calculating the amount of future lost income. This can be quite complicated and often requires making estimates based on your injury law firms's permanent impairment or disability and requires the assistance of experts.

If the defendant doesn't have sufficient insurance to cover your claims, you could be able to obtain a civil judgement against them. However, this could be extremely difficult unless the defendant has significant assets or is a corporate entity with multiple assets.

Statute of Repose

There are some distinctions between statutes of limitation and statutes de repose. Both restrict the time a plaintiff has to make a claim for injury however, there are some resemblances. Statutes are procedural, forward-looking, and substantive.

A statute of repose, or in other words, is a law which gives a time limit that must be met before legal action is closed - without the exceptions that a statute or limitations. It is typical for a statute of repose to apply to cases involving construction defects, products liability lawsuits, as well as medical malpractice claims.

The major difference is that a statute begins to run following an event, whereas the statute of limitations generally starts when the plaintiff discovers or suffers losses. This could be a problem in product liability cases. It can take years before a plaintiff purchases and utilizes a product and the company is aware of any issues.

Due to these differences due to these differences, it is crucial that victims of injury consult with a personal injury lawyer close to them before the applicable statutes of limitations and statutes of repose run out. Michael Ksiazek, a partner in the Stark & Stark's Yardley office, concentrates on Accident and Injury Law. Contact him for a free consultation.

Duty of Care

A duty of care is the obligation that individuals owe to others to exercise reasonable care when performing activities that could lead to harm. It is typically regarded as negligent when someone fails to comply with their obligation of care, and someone is injured as a result. A business or individual is bound by the obligation of care to the public in many instances. This includes doctors who are preparing tax returns, accountants who prepare tax returns and store owners removing snow off the sidewalks so that people don't fall and hurt themselves.

To successfully seek damages in a tort lawsuit it is necessary to show that the person who injured you owed you a duty of care, and that they violated that duty of care, and that their negligence was the primary and direct cause of your injury. The standard of care is usually determined by what other experts perform in similar situations. If a surgeon makes a surgical procedure in the wrong limb it could be deemed to be a breach of duty because other surgeons are likely to read the chart correctly under similar circumstances.

It is important to keep in mind, too, that the standard of care should not be enough to impose an unlimited liability on all parties. This is a balance that is carefully reviewed by juries in jury trials, as well as judges in bench trials.