What Makes Injury Legal?

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

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

Statute of Limitations

The law establishes an amount of time, referred to as the statute of limitations that an injured party can file an action. Failure to file a lawsuit will result in the claim being "time barred" and the injured party cannot receive compensation for their losses. The particulars of the statute of limitations differ between states, and each kind of claim has its own particular time period as well.

The statute of limitations "clock" generally begins to tick when the accident or incident that led to injury occurs. There are a few exceptions to the rule that could delay the filing of a lawsuit. One such exception is known as the discovery rule, which states that the clock of statute of limitations is not set until the injury is discovered or reasonably could have been discovered. This is seen most often in cases where injuries are concealed, such as asbestos or certain medical malpractice claims.

Another exception is for minors, who have one year from the age of 18 to start legal proceedings even though the statute of limitations would normally run before they reach the age of 19. There is also the "tolling" provision which suspends the limitations period in certain circumstances like military service and involuntary mental hospitalization. The statute of limitations could be extended in the event of fraud or willful concealment.

Damages

Damages are a form of compensation given to the victim of a tort (wrongful act). There are two kinds of damages - punitive and compensatory. Compensatory damages are meant to compensate plaintiffs for their losses and aim to restore them after an accident, whereas punitive damages are intended to punish the defendant for fraud, a malicious act that caused harm or reckless negligence.

The amount of damages awarded is dependent and based on the unique circumstances of each case. A seasoned personal injury lawyer can help you document the totality of your losses. This will increase your odds of obtaining the maximum amount of compensation that is possible. For example the lawyer might use experts to testify about the extent of your pain and suffering or a psychologist or psychiatrist expert witness to bolster your claim for emotional distress.

To receive the maximum amount of compensation, you need to have thorough documentation of your present and future economic losses. Your lawyer will help you keep detailed records of financial losses and expenses incurred and the value of your future lost income. This can be difficult and often involves calculating estimates based on the severity of your injury and its permanent disability which requires the assistance of experts.

If the defendant doesn't have enough insurance to cover your claims, then you might be able to obtain a civil judgment against them. But, this is extremely difficult unless the defendant has significant assets or is a business with multiple assets.

Statute of Repose

There are some distinctions between statutes of limitation and statutes de repose. Both restrict the time a plaintiff has to file a claim claiming injury however, there are certain similarities. Statutes are procedural, forward-looking, and substantive.

A statute of repose, or in other words it is a law that establishes a time frame within which legal action is not allowed - without the exceptions as a statute or limitations provide. It is common for a statute of repose to apply to cases involving construction defects, products liability lawsuits, and medical malpractice claims.

The most notable difference is that whereas the statute of limitations generally begins to run when the plaintiff is injured or learns of their loss the statute of repose typically begins to run when an event triggers it. This can be a problem in product liability cases for injured instance, because it could take years for a plaintiff to purchase and use a product, even before the company is aware of any defect.

Due to these distinctions It is essential for injured victims to speak with a personal injury lawyer close to them before the applicable statutes of limitation and repose statutes run out. Michael Ksiazek is a partner at Stark and Stark's Yardley, PA office and focuses on Accident & Personal Injury Law. Contact him to arrange a no-obligation consultation.

Duty of Care

A duty of care is the obligation that one owes to others to use reasonable caution when performing actions that could cause harm. It is usually regarded as negligence when someone fails to perform their duty of care and someone gets injured due to the negligence. There are a variety of situations where a person or business is responsible for providing care to the public, such as doctors and accountants preparing taxes and store owners cleaning snow and ice from the sidewalks to prevent people from falling and injuring themselves.

To successfully seek damages in a tort claim you must establish that the party that injured you was bound by an obligation of care, and that they breached that duty of care and that their negligence was the direct and proximate cause of your injuries. The standard of care is usually established by what other professionals would do in similar situations. If a surgeon performs surgery in the wrong place this could be considered to be a breach of duty since other surgeons follow the chart in similar circumstances.

It is vital to note, too, that the standard of care should not be so high that it imposes 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.