What Makes Injury Legal?

The term "injury legal" is used to define the harm or loss sustained by a person as a result of an individual's negligent or unlawful actions. It is a part of the tort law.

The most obvious kind of injuries is the bodily that includes things like whiplash, concussions, and broken bones. It is imperative to seek medical treatment for these injuries.

Statute of limitations

The law sets a deadline known as the statute of limitations, within which an injured person can start a lawsuit. Failure to comply with this deadline will result in the claim being "time barred" and the victim will not be able to recover compensation for their losses. The statute of limitations varies from state to state and depending on the type of claim.

The "clock" of the statute of limitations typically begins to tick once the accident or incident which caused the injury occurs. However, there are several exceptions that could extend the time needed to file an action. The discovery rule is one exception. It states that the statute-of-limitations clock doesn't begin until the Injury lawsuit has been identified or should have reasonably been discovered. This is often found in cases involving hidden circumstances, injury lawsuit such as asbestos exposure or certain medical malpractice claims.

A minor may be granted an additional year to file a lawsuit even though the statute would normally expire prior to turning 19. Then there is the "tolling" provision that suspends the statute of limitation during certain circumstances, like military service or injury lawsuit involuntary mental health obligations. The statute of limitations could be extended in the event of fraudulent misrepresentation or intentional concealment.

Damages

Damages are compensation given to the victim following a tort or wrongdoing. There are two types of damages: compensatory and punitive. Compensatory damages are meant to compensate the plaintiffs and restore them to their fullness after an injury. Punitive damages are designed to punish defendants for fraud, malicious acts that caused harm, or gross negligence.

The amount of damages awarded is highly subjective and based upon the specific circumstances of each case. A personal injury lawyer with years of experience can assist you with logging your entire loss. This increases your chances of obtaining the most money possible. For example the lawyer might use experts as witnesses to prove the severity of your suffering and pain as well as a psychologist or psychiatrist expert witness to back up your emotional distress claim.

In order to maximize compensation, you need to take care in the documentation of your present and future economic losses. Your lawyer will help you keep detailed records of expenses and financial loss incurred as well as the value of your future lost income. Experts are often needed to calculate estimates based on the permanent impairment or disability of your injury.

If the defendant doesn't have enough insurance to cover your claims, you might be able to seek a civil lawsuit against them. But, this is extremely difficult unless the defendant has substantial assets or is a business with multiple assets.

Statute of Repose

While statutes of limitations and statutes of repose both limit the amount of time a plaintiff must wait to file a claim for damages, there are some notable distinctions between the two. Statutes are procedural, forward-looking and substantive.

A statute of repose, in short it's a law that specifies a timeframe that must be met before legal action is prohibited - with the same exceptions as a statute of limitations have. A statute of repose is typically applied to cases involving defective construction, products liability suits and medical malpractice claims.

The most significant difference is that while the statute of limitations typically begins to run when the plaintiff suffers harm or discovers their loss however, a statute of repose typically begins running when an incident triggers it. This can be a challenge in cases involving product liability. It could take several years before a plaintiff purchases and uses a product, and the company is aware of any issues.

Due to these variations, it is important that injured victims consult an attorney prior to the applicable statutes expire. Michael Ksiazek, a partner in Stark & Stark’s Yardley office, concentrates on Accident & Injury Law. Contact him today for a no-obligation consultation.

Duty of Care

A duty of care is the obligation that one owes to others to exercise reasonable care when doing things that could result in harm. It is usually regarded as negligence when a person fails perform their duty of care, and someone is injured as a result. There are many instances in which a person or company owes a duty of care to the public, for example accountants and doctors who prepare tax returns and store owners cleaning snow and ice from sidewalks to stop people from falling and injuring 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 and that they violated this obligation, and that their breach caused your injury. The standard of care is typically established by what other professionals would do in similar situations. If a doctor performs surgery in the wrong limb it could be deemed an infraction of duty since other surgeons follow the chart in similar circumstances.

It is also important to note that the standard of care should not be so high that it could limit liability to all parties. It is a balance that is carefully reviewed by juries in jury trials and judges in bench trials.