What Makes Injury Legal?

The term"injury legal" is used to describe the damage or loss an person suffers from another party's negligent actions or wrongful actions. It falls under the tort law.

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

Statute of Limitations

The law establishes an expiration date, known as the statute of limitations within which an injured person can file a lawsuit. Failing to do so will result in the claim being "time barred" and the victim will not be able get compensation for their losses. The statute of limitations varies from state to state, and also depending on the type of case.

The statute of limitations "clock" generally begins to tick when the accident or incident causing injury occurs. However, there are many exceptions that could extend the time to file an action. The discovery rule is one such exception. It states that the statute-of-limits clock does not start until the injury has been discovered or ought to have been discovered. This is seen most often in cases where injuries are concealed, like asbestos or certain medical malpractice claims.

A minor can also be granted an extra year to file a lawsuit even that the statute would typically expire before turning 19. There is also the "tolling" provision, which suspends the statute of limitations during certain events or situations like military service or involuntary mental health commitments. Finally, there is the extension of the statute of limitations for willful concealment or misrepresentation.

Damages

Damages are compensation that is paid to the victim after a tort or wrongdoing. There are two kinds of damages: punitive and compensatory. Compensatory damages pay plaintiffs back their losses and are designed to restore them after an injury, while punitive damages punish a defendant for fraud, an ill-intentional act that caused harm, or gross negligence.

The amount of damage is highly subjective, and is based on the particular facts of each case. A personal injury lawyer with years of experience can assist you with logging the full extent of your losses. This will increase your odds of obtaining the maximum amount of compensation you can get. For injuries instance your lawyer could employ experts to testify on the severity of your pain and suffering or a psychological or psychiatric expert witness to bolster your emotional distress claim.

Obtaining maximum compensation requires careful documentation of your current and future economic losses. Your attorney will assist you keep meticulous records of the financial losses and expenses incurred as well as the amount of your future income loss. Experts are often needed to calculate estimates based upon the permanent impairment or disability caused by your injury.

If the defendant has insufficient insurance coverage to cover your claims, you may seek a civil judgment against them personally. This can be difficult unless the defendant is a major corporation or has multiple assets.

Statute of Repose

While statutes of limitations and statutes of repose both limit the amount of time that a plaintiff has to file an injury claim, there are some notable differences between the two. Statutes are procedural, forward-looking, and substantive.

A statute of repose, as it's known it's a law that establishes a time frame when legal action can be barred - without the same exceptions that a statute or limitations would provide. It is common for a statute of repose to be applied to construction defect cases, product liability lawsuits and medical malpractice claims.

The major difference is that a statute begins to run following an event, while the statute of limitations usually begins when the plaintiff notices or suffers the loss. This could be a problem in product liability cases. It can take years before a plaintiff buys and uses a product and the company becomes aware of any flaws.

Due to these differences, it's important for victims of injuries to speak with a personal injury 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 focused on Accident & Personal injury lawsuits Law. Contact him today for a free consultation.

Duty of Care

A duty of care is a duty one owes to others to exercise reasonable caution when performing a task that could foreseeably cause harm. If a person fails perform a duty of care and suffers injury as a result, this is considered to be negligence. A company or person has an obligation of care towards the public in a variety of situations. This includes doctors who are preparing tax returns, accountants working on tax returns, and store owners clearing snow off the sidewalks so that people do not fall and injury lawyers themselves.

To successfully seek damages in a tort case, you will need to establish that the party that injured you had an obligation of care, that they breached their duty of care and injuries that their breach was the primary and direct cause of your injuries. The standard of care is usually determined by what other professionals do in similar situations. For instance when a doctor performs surgery on the wrong leg, it could be deemed a breach of duty because other surgeons under similar circumstances will likely read the patient's chart correctly.

It is also important to keep in mind that the standard of care cannot be so high as to create a liability that is unlimited for all parties. In jury trials, and in bench trials the balance is examined by both juries and judges.