What Makes Injury Legal?

Injury legal is a term used to describe the harm or loss that a person suffers due to an individual's negligent or unlawful actions. It falls under the umbrella of tort law.

The most obvious kind of injuries is the bodily that includes things like concussion, whiplash and broken bones. These injuries must be treated by an expert medical professional.

Statute of limitations

The law sets a deadline, called the statute of limitations within which an individual who has been injured may make a claim. If you don't comply with the statute of limitations, your claim is "time-barred" and you won't be able recover compensation for your losses. The statute of limitations varies from state to state and also according to the type of case.

The statute of limitations "clock" typically begins ticking when the accident or incident that led to injury occurs. There are some exceptions to the rule that can prolong the time required to file a lawsuit. The discovery rule is an exception. It states that the statute-of-limits clock will not begin until the injury has been identified or ought to have been discovered. This is often observed in cases that involve hidden conditions, such as asbestos exposure or certain medical malpractice claims.

A minor may 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 limitations period in certain situations and events such as military service and involuntary mental hospitalization. The statute of limitations can be extended for fraudulent misrepresentation or willful concealment.

Damages

Damages are compensation paid to the victim of an act of tort (wrongful act). There are two kinds of damages: compensatory and punitive. Compensatory damages are meant to compensate plaintiffs for their losses and are intended to restore their health after an accident, whereas punitive damages punish the defendant for fraud, a devious act that caused harm or gross negligence.

The amount of damages awarded is dependent and based on the unique circumstances of each case. A seasoned personal injury lawyer can assist you in determining the complete extent of your losses. This increases your chances of receiving the highest amount of compensation that is possible. For instance, your lawyer may use experts to testify about the severity of your pain and suffering, or a psychological or psychiatric expert witness to bolster your claim for emotional distress.

To get the maximum compensation, you must carefully document your current and future losses. Your lawyer will assist you to keep a detailed record of your financial losses and expenses incurred as well as the amount of your future lost income. Experts are often required to calculate estimates based upon the permanent impairment or disability resulting from your injury law firm.

If the defendant does not have sufficient insurance to cover your claims, then you might be able to obtain a civil judgement against them. This can be extremely difficult unless the defendant has significant assets or is a business with multiple assets.

Statute of Repose

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

In short an esoteric sense, a statute or repose is a law that imposes a hard deadline after which legal actions are barredbut without the same exemptions as a statute of limitation. A statute of repose can be applied to cases involving defective construction, products liability suits, and medical malpractice claims.

The main difference is that a statute starts to run after an event, injury whereas the statute of limitations typically begins when the plaintiff is aware of or suffers a loss. This can be a challenge in product liability cases. It can take years before a plaintiff buys and utilizes a product and the company becomes aware of any defects.

Due to these variations, it is important to ensure that victims of injuries consult an attorney prior to the statutes that apply to them expire. Michael Ksiazek, a partner in Stark & Stark’s Yardley office, concentrates on Accident and Injury Law. Contact him for a free consultation.

Duty of Care

A duty of care is the obligation one has to others to exercise reasonable care when performing actions that could lead to harm. If a person fails comply with a duty and a person is injured due to it, it is considered to be a case of negligence. A business or individual has the obligation of care to the public in many instances. This includes doctors who prepare tax returns, accountants making tax returns and store owners removing snow from sidewalks so that people don't fall and harm themselves.

To be able to claim damages in a case of tort you will need to prove that the party who injured you was bound by the duty of care, and that they breached their duty of care, and that their negligence was the primary and most direct cause of your injuries. The standard of care is typically determined by what other doctors perform in similar situations. For instance, if a doctor performs surgery on the wrong leg, it could be deemed a breach of obligation because other surgeons in the same circumstances would likely examine the patient's chart in a correct manner.

It is also important to remember that the standard of care should not be so high that it will limit liability to all parties. It is a balance which is carefully scrutinized by juries in jury trials as well as judges in bench trials.