What Makes Injury Legal?

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

The most obvious damage is a bodily injury which can include concussions whiplash, fractured bones, and whiplash. These injuries should be treated by a medical professional.

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 statute of limitations, your claim will be "time-barred" and you won't be able to claim compensation for injury your 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 statute of limitations "clock" typically begins ticking at the time the accident or incident that led to injury lawsuits occurs. However, there are some exceptions that could extend the time needed to file lawsuits. The discovery rule is an exception. It states that the clock for the statute of limitations will not begin until the injury has been identified or ought to have been discovered. This is seen most often in situations where the cause is hidden, such as asbestos or certain medical malpractice claims.

Another exception is for minors who have a year following their 18th birthday when they can initiate lawsuits, even while the statute of limitation will normally expire before they reach age 19. There is also the "tolling" provision which suspends the limitations period in certain events and situations such as military service and involuntary mental hospitalization. The statute of limitations could be extended for fraud or deliberate concealment.

Damages

Damages are the compensation paid to the victim of an offense (wrongful act). There are two kinds of damages - punitive and compensatory. Compensatory damages are intended to compensate the plaintiffs and ensure they are fully compensated after an injury. Punitive damages are meant to punish the defendants for injury fraudulent acts, devious acts that caused harm, or gross negligence.

The amount of damages is highly subjective, and based on the specific facts of each case. An experienced personal injury attorney can assist you in documenting the totality of your losses. This will increase your chances of receiving the highest amount of compensation you can get. Your lawyer may call in experts to testify about the extent of your suffering, or to prove your claim for emotional distress.

To receive the most compensation, you must document your current and future losses. Your attorney will assist you in keeping detailed notes of your expenses and financial losses incurred, as well as calculating the value of your future loss of income. This can be a bit complicated and often involves the calculation of estimates based upon your injury's permanent impairment or disability which requires the assistance of experts.

If the defendant doesn't have sufficient insurance to cover your claims, you may be able to pursue a civil judgement against them. This can be a challenge unless the defendant is a major company or has multiple assets.

Statute of Repose

There are some distinctions between statutes of limitation and statutes of repose. Both limit the amount of time a plaintiff has to bring a claim for injury, but there are also certain similarities. Statutes of limitations are a procedural and forward-looking law statutes of repose are substantive and forward-looking.

In short, a statute of repose is a law that imposes the deadline by which legal actions are barred- without the same exceptions as the statute of limitations. A statute of repose is usually applied to construction defect lawsuits, products liability suits, and medical malpractice claims.

The most notable distinction is that the statute of limitations usually begins to run when the plaintiff is injured or learns of their loss and a statute of restraint typically begins running when an incident triggers it. This could be a problem in cases involving product liability for instance, because it could take years for the plaintiff to purchase and use a particular product before the company is aware of any flaws.

Due to these distinctions, it is important that injury victims consult with an attorney before the applicable statutes expire. Michael Ksiazek is a partner at Stark & Stark's Yardley, PA office and is a specialist in Accident and Personal Injury Law. Contact him for a no-obligation consultation.

Duty of Care

A duty of care is the obligation that individuals owe to others to use reasonable caution when doing things that could lead to harm. If a person fails to fulfill a duty of care and suffers injury due to it, it is considered negligence. There are many situations in which a person or company owes a duty of care to the public, including accountants and doctors preparing tax returns and store owners clearing snow and ice off sidewalks to stop people from falling and hurting themselves.

To be able to claim damages in a case of tort you must show that the person who injured you owed you the duty of care, that they breached that duty of care and that their breach was the direct and proximate cause of your injuries. The level of care required is usually determined by what other professionals do in similar circumstances. If a doctor performs surgery on the wrong leg this could be considered to be a breach of duty since other surgeons be able to read the chart correctly in similar circumstances.

It is also important to remember that the standard of care can't be so high that it could create a liability that is unlimited for all parties. It is a balance that is carefully reviewed by juries in jury trials as well as judges in bench trials.