What Makes Injury Legal?

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

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

Statute of limitations

The law sets a timeframe, called the statute of limitations, within which an injured person can file a lawsuit. In the event of a delay, it will result in the claim being "time barred" and the victim will not be able recover compensation for their losses. The details of the statute of limitations vary from state to state, and each type of case has its own specific time frame.

The statute of limitations "clock" typically starts ticking at the time the accident or incident causing injury occurs. However, there are many exceptions that could extend the time required to file lawsuits. One such exception is known as the discovery rule which states that the clock for the statute of limitations cannot begin until the injury is discovered or reasonably ought to have been discovered. This is typically seen in situations where the cause is concealed, like asbestos or certain medical malpractice claims.

Another exception is for minors who have a year following the age of 18 to start legal proceedings even though the statute of limitations typically runs before they reach the age of 19. There is also the "tolling" provision, which suspends the limitations period in certain situations and events like military service or involuntary mental hospitalization. There is also the statute of limitations extension for willful concealment or fraudulent deception.

Damages

Damages are compensation paid to the victim of an offense (wrongful act). There are two types of damages: compensatory and punitive. Compensatory damages aim to compensate the plaintiffs and ensure they are fully compensated after an injury. Punitive damages are designed to punish the defendants for fraudulent acts, devious actions that cause harm, or for gross negligence.

The amount of damages awarded is subjective and based upon the unique facts of each case. A seasoned personal injury lawyer can assist you in documenting the full extent of your losses. This will improve your chances of obtaining the maximum amount of compensation possible. Your lawyer could call in experts to provide evidence of the extent of your suffering, or to support your claim for emotional distress.

In order to maximize compensation, you need to take care in the documentation of your current and future economic losses. Your attorney will help you keep meticulous records of the costs and financial losses you incur as well as the amount of the future loss of income. Experts are often required to determine estimates based on the permanent impairment or disability of your injury.

If the defendant doesn't have sufficient insurance to cover your claims, then you might be able to seek a civil judgment against them. This isn't always easy unless the defendant is a major company or has multiple assets.

Statute of Repose

While statutes of limitations and statutes of repose limit the amount of time a plaintiff can have to file a claim for damages There are a few notable distinctions between the two. Statutes of limitations are procedural and forward-looking and forward-looking, while statutes of repose are substantive, and look backwards.

A statute of repose, or in other words it's a law that specifies a timeframe that must be met before legal action is not allowed - without the exceptions as a statute of limitations. A statute of repose is often applied to construction defect lawsuits, injury products liability suits and medical malpractice claims.

The primary difference is that a statute begins to run after an event, while a statue of limitations usually begins when a plaintiff finds or suffers an injury law firms. This can be a problem in cases involving product liability, for example, since it could take a long time for the plaintiff to purchase and use a product before the company might have been aware of any defects.

Because of these differences It is essential that victims of injury consult with a personal injury attorney near them prior to when the applicable statutes of limitation and statutes of repose run out. Michael Ksiazek is a partner at the Stark & Stern's Yardley, PA office and is a specialist in Accident and Personal Injury Law. Contact him to arrange a no-obligation consultation.

Duty of Care

A duty of care is a duty that a person owes others to exercise reasonable care in doing anything that could foreseeably cause harm. It is generally considered negligence when someone fails to fulfill their duty of care and someone gets injured due to the negligence. There are many instances in which a person or company owes a duty of care to the public. This includes accountants and doctors who prepare tax returns and store owners removing snow and ice from sidewalks to prevent people from falling and injuring themselves.

To successfully claim damages in a tort claim you will need to prove that the party who injured you had a duty of care, that they breached that duty of care and that their negligence was the primary and direct cause of your injuries. The standard of care is usually established by what other professionals would do in similar situations. If a surgeon is performing surgery on the wrong leg this could be considered a breach of duty, since other surgeons would have read the chart correctly under similar circumstances.

It is important to note, Injury too, that the standard of care must not be enough to impose the same liability to all parties. In jury trials, as well as in bench trials the balance is scrutinized by juries as well as judges.