What Makes Injury Legal?

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

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

Statute of Limitations

The law establishes a deadline, called the statute of limitations within which an injured person can make a claim. Failure to comply with this deadline will result in the claim being "time barred" and the injured party cannot recover compensation for their losses. The time limit for a claim varies from states to states and depending on the type of claim.

The "clock" of the statute of limitations usually begins to tick once the accident or incident that caused the injury occurs. However, there are some exceptions that can extend the time needed to file a lawsuit. One of these exceptions is known as the discovery rule, which states that the statute of limitations clock does not begin until the injury is discovered or could have been discovered. This is most commonly seen when conditions are concealed, like asbestos or certain medical malpractice claims.

A minor can be granted an additional year to file a lawsuit, even though the statute would normally expire before the age of 19. There is also the "tolling" provision, which extends the limitation period for certain situations and events including military service or involuntary mental hospitalization. The statute of limitations could be extended for fraud or deliberate concealment.

Damages

Damages are compensation paid to the victim of the tort (wrongful act). There are two main types of damages: punitive and compensatory. Compensation damages are designed to compensate the plaintiffs and to make them whole after an injury. Punitive damages are used to penalize defendants who committed fraud, malicious acts that caused harm, or gross negligence.

The amount of damage is highly subjective, and is based on the specific facts of each case. A personal injury lawyer who has experience will assist you in capturing your entire loss. This will increase your chance of receiving the maximum amount possible. Your lawyer can call expert witnesses to describe the severity of your suffering or to back up your claim for emotional distress.

To receive the highest amount of compensation, you must document your losses now and in the future. Your lawyer will assist you in keeping detailed records of the expenses and financial losses you have incurred, and also calculating the value of any future loss of income. This can be complicated and often involves making estimates based on the severity of your injury and its permanent disability which requires the assistance of experts.

If the defendant does not have enough insurance to cover your claims, you may be able pursue a civil judgement against them. This can be a challenge unless the defendant is a major company or has multiple assets.

Statute of Repose

While statutes of limitations and statutes of repose limit the time a plaintiff must wait to file a claim for injury, there are some notable distinctions between the two. Statutes are procedural, forward-looking, and substantive.

A statute of repose, also known as a statute, is a law which specifies a timeframe after which legal action is not allowed - without the exceptions as a statute or limitations have. A statute of repose is typically used in cases involving defective construction, products liability suits and medical malpractice claims.

The main difference is that a statute starts to run after an event, whereas the statute of limitations typically starts when the plaintiff discovers or suffers a loss. This can be a problem in cases involving product liability. It could take a long time before a plaintiff buys and uses a product, and the company becomes aware of any issues.

Due to these differences, it's important for victims of injuries to speak with a personal injury lawyers lawyer near them prior to when the applicable statutes of limitations and repose statutes run out. Michael Ksiazek is a partner at Stark & Stark's Yardley, PA office and is focused on Accident & Personal Injury Law. Contact him for a no-obligation consultation.

Duty of Care

A duty of care is the obligation that individuals owe to others to exercise reasonable care when doing things which could cause harm. It is typically regarded as negligent when someone fails to perform their duty of care and someone gets injured as a result. There are a variety of situations where a person or company is obligated to provide care to the public, including doctors and accountants preparing taxes and store owners removing snow and ice from the sidewalks to prevent people from falling and causing injury to themselves.

To be able to claim damages in a negligence case you must prove that the person who injured you was in an obligation of care, that they breached this obligation and that their lapse caused your injury. The quality of care is typically determined by what other experts perform in similar situations. If a doctor performs surgery in the wrong place, this may be considered a breach of duty, since other surgeons be able to read the chart correctly in similar circumstances.

It is important to keep in mind that the standard of care must not be excessive that it creates no limit on liability for all parties. In jury trials, as well as in bench trials the balance is scrutinized by juries as well as judges.