What Makes Injury Legal?

Injury legal is a term used to describe the loss or damage that an individual suffers as a result of another party's negligent or wrongful actions. It falls under the umbrella of tort law.

The most obvious accident is a bodily affliction that can result in concussions whiplash, and fractured bones. These injuries must be treated by an expert medical professional.

Statute of Limitations

The law sets a time limit, called the statute of limitations, within which 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 get compensation for their losses. The time limit for a claim varies from state to state, and also depending on the type of claim.

The "clock" of the statute of limitations usually starts to tick when an accident or incident that caused the injury lawsuits occurs. However, there are several exceptions that may extend the time needed to file lawsuits. One of them is known as the discovery rule which states that the clock for the statute of limitations does not begin until the injury is discovered or reasonably could have been discovered. This is seen most often in cases where injuries are hidden, such 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 prior to turning 19. There is also the "tolling" provision which allows the limitations period to be suspended during certain situations and events such as military service or involuntary mental hospitalization. Then, there's the statute of limitations extension for willful concealment or fraudulent false representation.

Damages

Damages are a form of compensation that is given to the victim after an incident of negligence or a tort. There are two types of damages: punitive and compensatory. Compensatory damages are intended to compensate the plaintiffs and to make them whole after an injury. Punitive damages are designed to penalize defendants who committed fraudulent acts, devious acts that caused harm, or gross negligence.

The amount of damages awarded is subjective and is based on the specific facts of each case. An experienced personal injury lawsuit attorney can help you document the complete extent of your losses. This will increase your chances of obtaining the maximum amount of compensation possible. Your lawyer might call in expert witnesses to describe the severity of your suffering, or to prove your claim for emotional distress.

To receive the maximum amount of compensation, you need to have thorough documentation of your current and future economic losses. Your lawyer will help you keep detailed records of costs and financial losses you incur and the value of your future income loss. This can be difficult and often involves calculating estimates based on your injury's permanent impairment or disability and injury requires the assistance of experts.

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

Statute of Repose

There are some distinctions between statutes of limitation and statutes of repose. Both limit the time a plaintiff is able to make a claim for injury however there are some similarities. Statutes of limitations are procedural and forward-looking, whereas statutes of repose are substantive and backward-looking.

A statute of repose, also known as a statute is a law that gives a time limit when legal action can be barred - without the same limitations that a statute limitations would provide. It's common for a statute of repose to be applied to cases involving construction defects, products liability lawsuits and medical malpractice claims.

The primary difference is that a statute begins to run after an event, while the statute of limitations typically begins when the plaintiff notices or suffers losses. This is a concern in cases involving product liability for injury instance, since it could take years for the plaintiff to purchase and use a product, even before the company was aware of any defects.

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

Duty of Care

A duty of care is a duty that a person owes others to exercise reasonable care when performing a task that could foreseeably cause harm. It is usually regarded as negligence when someone fails to comply with their obligation of care and a person is injured due to the negligence. There are many instances in which a person or company is bound by a duty of care to the public. This includes doctors and accountants preparing taxes and store owners removing snow and ice from the sidewalks to prevent people from falling and injuring themselves.

To be able to claim damages in a tort claim you must establish that the party that injured you was bound by the duty of care, that they breached that duty of care, and that their breach was the direct and proximate reason for your injury. The standard of care is typically determined by what other doctors do in similar situations. For instance the case where a physician performs surgery on the wrong leg, it could be considered to be a breach of duty since other surgeons operating in similar circumstances will likely be able to read the patient's record correctly.

It is important to keep in mind, too, that the standard of care should not be too high that it imposes the same liability to all parties. In jury trials, and in bench trials the balance is examined by both juries and judges.