What Makes Injury Legal?

Legal injury is a term used to describe the loss or Injury Lawsuit damage suffered by an individual as a result of another party's negligent or wrongful actions. It is a part of tort law.

The most obvious kind of injury is a bodily one which includes things such as whiplash, concussions, and broken bones. It is important to seek medical assistance for these injuries.

Statute of Limitations

The law imposes an expiration date, known as the statute of limitations in which an injured party can file a lawsuit. In the event of a delay, it will result in the claim being "time barred" and the party who was injured will not be able receive compensation for their losses. The specifics of the statute of limitations can differ from state to state, and each type of instance has its own distinct time frame.

The statute of limitations "clock" generally starts to tick at the time the accident or incident causing injury occurs. However, there are many exceptions that could prolong the time for filing a lawsuit. One such exception is known as the discovery rule, which states that the clock of statute of limitations cannot begin until the injury is discovered or reasonably should have been discovered. This is usually found in cases involving hidden circumstances, such as asbestos exposure or certain medical malpractice claims.

A minor can also be granted an extra year to file a lawsuit, even when the statute of limitations would typically expire before the age of 19. Then there is the "tolling" provision that suspends the statute of limitations in certain events or circumstances such as military service, or involuntary mental health commitments. The statute of limitation can be extended in the event of fraudulent misrepresentation or willful concealment.

Damages

Damages are a form of compensation given to the victim of an offense (wrongful act). There are two types of damages - punitive and compensatory. Compensatory damages are intended to compensate the plaintiffs and make them whole after an injury law firms. Punitive damages are used to punish defendants for fraudulent acts, devious actions that caused harm or gross negligence.

The amount of damages awarded is dependent and based on the specific facts of each case. A personal injury lawyer who has experience can assist you in documenting your full losses. This increases your chances of obtaining the maximum amount of compensation that is possible. Your lawyer can call experts to testify about the severity of your pain and suffering, or to prove 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 lawyer will help you keep meticulous records of the expenses and financial loss incurred in addition to the value of your lost income in the future. 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, then you might be able to obtain a civil judgement against them. However, this could be extremely difficult unless the defendant is a large asset or injury lawsuit is a business with multiple assets.

Statute of Repose

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

In a nutshell an esoteric sense, a statute or repose is a law that establishes a hard deadline after which legal actions are barred- without the same exceptions as the statute of limitations. It's common for a statute of repose to apply to cases involving construction defects, products liability lawsuits, and medical malpractice claims.

The main difference is that a statute begins to run after an event, whereas a statue of limitations usually begins when a plaintiff finds or suffers a loss. This could be a problem in product liability cases. It could take years before a plaintiff buys and uses a product and the company is aware of any issues.

Because of these differences It is crucial to ensure that victims of injuries consult an attorney prior to the applicable statutes expire. Michael Ksiazek is a partner at Stark and Stark's Yardley, PA office and focuses on Accident and Personal Injury lawsuit Law. Contact him for a no-obligation consultation.

Duty of Care

A duty of care is the obligation that people owe others to exercise reasonable caution when performing activities that could cause harm. It is typically regarded as negligent when an individual fails to fulfill their duty of care and someone gets injured in the process. A person or company has an obligation to care for the public in many situations. This includes doctors who prepare tax returns, accountants preparing tax returns and store owners removing snow from sidewalks to ensure people don't fall and harm themselves.

To be able to claim damages in a negligence case, you must prove that the person who injured you had an obligation of care, that they breached this duty duty and that their negligence caused your injury. The standard of care is typically determined by what other doctors perform in similar situations. If a surgeon makes a surgical procedure in the wrong limb this could be considered an infraction of duty since other surgeons follow the chart in similar circumstances.

It is important to keep in mind that the standard of care must not be so high that it imposes no limit on liability for all parties. It is a balance which is carefully reviewed by juries in jury trials as well as judges in bench trials.