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What Makes Injury Legal?

The term"injury legal" can be used to describe the harm or loss an person suffers of a negligent act or wrongful acts. It is a part of tort law.

The most obvious kind of injuries is the bodily, which includes things like whiplash, concussions, and broken bones. It is important to seek medical treatment for these injuries.

Statute of Limitations

The law sets the time frame, also known as the statute of limitations, within which an injured party can file a lawsuit. Failure to comply with this deadline will result in the claim being "time barred" and the injured party will not be able get compensation for their losses. The details of the statute of limitations can differ from state to state, and each type of case has its own specific time frame, as well.

The "clock" of the statute of limitations usually begins to tick when the accident or incident that caused the injury occurs. However, there are several exceptions that may extend the time to file lawsuits. The discovery rule is one exception. It states that the statute-of-limits clock will not begin until the injury law firm has been discovered or ought to have been discovered. This is seen most often in situations where the cause is concealed, such as asbestos or certain medical malpractice claims.

Another exemption is for minors who have a year after the age of 18 to start litigation, even though the statute of limitations will normally expire before they reach age 19. There is also the "tolling" provision, which suspends the limitations period during certain circumstances and events such as military service or involuntary mental hospitalization. The statute of limitations could be extended in the event of fraud or deliberate concealment.

Damages

Damages are a form of compensation given to the victim of an offense (wrongful act). There are two kinds of damages: punitive and compensatory. Compensation damages compensate plaintiffs for their losses and are intended to make them whole again after an injury, whereas punitive damages penalize the defendant for fraud, a malicious act that caused harm, or gross negligence.

The amount of damage is highly subjective and is based on the specific facts of each case. A seasoned personal injury lawyer can assist you in documenting the totality of your losses. This increases your odds of obtaining the largest amount possible. Your lawyer might call in expert witnesses to describe the severity of your suffering or to support 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 attorney will assist you in keeping meticulous records of the expenses and financial losses incurred and will also calculate the amount of future lost income. This can be a bit 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 coverage to pay your claims, you can seek a civil judgment against them personally. But, this is extremely difficult unless the defendant has a substantial amount of assets or is a corporation with multiple assets.

Statute of Repose

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

In a nutshell it's a simple definition: a statute of repose is a law which sets a hard deadline after which legal actions are barred -- without the same exceptions as a statute of limitations. It is common for statutes of repose to be applied to cases involving construction defects, products liability lawsuits as well as medical malpractice claims.

The most notable difference is that whereas the statute of limitations usually begins to run when the plaintiff is injured or learns of their loss and a statute of restraint generally begins to run when an incident triggers it. This can be a problem in product liability cases for instance, because it can take a long time for a plaintiff to purchase and use a product, even before the company might have been aware of any defects.

Due to these distinctions due to these differences, it is crucial for injured victims to speak with a personal injury attorney near them prior to when the applicable statutes of limitations and repose statutes expire. Michael Ksiazek is a partner at Stark & Stark's Yardley, PA office and is focused on Accident and 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 in doing anything that could be predicted to cause harm. It is generally regarded as negligence when an individual fails to fulfill their duty of care and someone gets injured due to the negligence. There are a myriad of circumstances in which a person or company is obligated to provide care to the public, such as doctors and accountants preparing taxes and store owners cleaning snow and ice off the sidewalks to avoid people falling and injuring themselves.

To successfully claim damages in a tort claim you must show that the person who injured you was bound by an obligation of care, and that they breached that duty of care, and that their breach was the primary and direct cause of your injury. The standard of care is typically determined by what other experts do in similar situations. For instance the case where a physician performs surgery on the wrong leg, it may be deemed a breach of duty since other surgeons operating in similar circumstances will likely be able to read the patient's record correctly.

It is also important to remember that the standard of care must not be so high that it will make it impossible to impose liability on all parties. In jury trials, and in bench trials, the balance is carefully scrutinized by juries as well as judges.