What Makes Injury Legal?

The term"injury" legal is used to describe the damage or loss an individual suffers as a result from another party's negligent actions or wrongful acts. 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. It is imperative to seek medical attention for these injuries.

Statute of limitations

The law sets an expiration date, known as the statute of limitations that an injured party can file a lawsuit. Failure to file a lawsuit will result in the claim being "time barred" and the victim will not be able receive compensation for their losses. The particulars of the statute of limitations vary between states, and each type of claim has its own particular time frame, as well.

The statute of limitations "clock" generally begins to tick when the accident or incident causing injury occurs. There are some exceptions to the rule, which can delay the filing of a lawsuit. The discovery rule is one such exception. It states that the clock for the statute of limitations doesn't begin until the injury has been discovered or ought to have been discovered. This is typically seen in cases where injuries are concealed, such as asbestos or certain medical malpractice claims.

Another exemption is for minors who have a year after their 18th birthday to initiate litigation, even when the statute of limitations usually runs before they reach the age of 19. There is also the "tolling" provision, which suspends the statute of limitations during certain circumstances, such as military service or involuntary mental health commitments. The statute of limitation can be extended for fraud or willful concealment.

Damages

Damages are a form of compensation given to the victim of the tort (wrongful act). There are two basic types of damages: punitive and compensatory. Compensation damages are designed to compensate plaintiffs and ensure they are fully compensated after an injury. Punitive damages are intended to penalize defendants for fraudulent acts, devious acts that caused harm, or for gross negligence.

The amount of damages you are able to claim is highly subjective, and based on the specific facts of each case. A seasoned personal injury lawyer can help you document the full extent of your losses. This increases your odds of obtaining the most money possible. For instance, your lawyer may use expert witnesses to testify on the severity of your suffering and pain and psychological or psychiatric expert witness to support your emotional distress claim.

Obtaining maximum compensation requires careful documentation of your present and future economic losses. Your lawyer will assist you to keep meticulous records of the expenses and financial losses incurred in addition to the value of your future income loss. Experts are often needed to determine estimates based on the permanent impairment or disability caused by your injury.

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

Statute of Repose

There are some distinctions between statutes of limitation and statutes of repose. Both restrict the time the plaintiff has to file a claim claiming injury, but there are also some commonalities. Statutes of limitation are a procedural and forward-looking law statutes of repose are substantive and retro-looking.

In essence an esoteric sense, a statute or repose is a law that sets the deadline by which legal actions are barred -- without the same exceptions as a statute of limitation. It is common for a statute of repose to apply to construction defect cases, product 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 typically starts when the plaintiff discovers or suffers losses. This can be a problem in product liability cases for instance, since it could take years for the plaintiff to purchase and use a product prior to the company is aware of any defects.

Due to these distinctions It is essential for victims of injuries to speak with a personal injury law firm lawyer close to them before the applicable statutes of limitation and repose statutes expire. 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 the obligation that one has to others to exercise reasonable caution when performing actions that could cause harm. It is generally regarded as negligence when a person fails meet their duty of care and someone is injured due to the negligence. There are a variety of situations in which a person or company is obligated to provide care to the public, such as accountants and doctors who prepare taxes and store owners removing snow and ice off the sidewalks to prevent people from falling and causing injury to themselves.

To successfully seek damages in a tort claim it is necessary to prove that the party who injured you owed you a duty of care, that they violated that duty of care, and that their breach was the primary and direct cause of your injuries. The standard of care is usually determined by what other doctors perform in similar situations. If a surgeon makes a surgical procedure in the wrong limb it could be deemed unprofessional conduct, since other surgeons take the correct chart under similar circumstances.

It is important to note 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 carefully examined by both juries and judges.