What Makes Injury Legal?

The term"injury" legal is used to describe the harm or loss an person suffers from another party's negligent actions or indefensible actions. It falls under the umbrella of tort law.

The most obvious damage is a bodily injury that can result in concussions whiplash, fractured bones, and whiplash. These injuries must be treated by medical professionals.

Statute of Limitations

The law sets a deadline, called the statute of limitations, within which an injured person can start a lawsuit. In the event of a delay, it will result in the claim being "time barred" and the victim cannot claim compensation for their losses. The time limit for a claim varies from state to state and by type of case.

The "clock" of the statute of limitations usually begins to tick once the accident or incident which caused the injury occurs. There are a few exceptions to the rule, which can delay the filing of a lawsuit. The discovery rule is a prime exception. It states that the clock for the statute of limitations doesn't begin until the injury has been discovered or should have reasonably been discovered. This is typically seen in situations where the cause is concealed, such as 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 before turning 19. There is also the "tolling" provision that allows the limitations period to be suspended during certain situations and events such as military service or involuntary mental hospitalization. Finally, there is the extension of the statute of limitations for fraud or willful falsification.

Damages

Damages are a form of compensation given to the victim of an offense (wrongful act). There are two types of damages: compensatory and punitive. Compensatory damages are meant to compensate plaintiffs and restore them to their fullness after an injury. Punitive damages are used to penalize defendants who committed fraudulent acts, devious actions that caused harm or for gross negligence.

The amount of damages awarded is subjective and based on the unique facts of each case. An experienced personal injury attorney can assist you in documenting the totality of your losses. This increases your chances of obtaining the maximum amount of compensation that is possible. For instance your lawyer could use experts to testify on the severity of your suffering and pain and psychological or injury attorney psychiatric expert witness to support your emotional distress claim.

Obtaining maximum compensation requires careful documentation of your current and future economic losses. Your attorney will assist you in keeping detailed documents of the expenses and financial losses you have incurred, and also calculating the value of future lost income. This can be complicated and often requires making estimates based on the severity of your injury and its permanent disability which requires the assistance of experts.

If the defendant doesn't have sufficient insurance to cover your claims, then you might be able to pursue a civil judgment against them. This can be extremely difficult unless the defendant has substantial assets or is a business with 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 file a claim claiming injury however there are certain similarities. Statutes of limitation are procedural and forward-looking while statutes of repose are substantive, and look backwards.

A statute of repose, or in other words is a law that gives a time limit when legal action can be prohibited - with the same limitations that a statute limitations would provide. It is common for a statute of repose to be applied to construction defect cases, product liability lawsuits, as well as medical malpractice claims.

The most significant difference is that whereas the statute of limitations generally starts to run when a plaintiff is hurt or becomes aware of their loss, a statute of repose generally begins to run when an incident triggers it. This could be a problem in product liability cases. It can take years before a plaintiff buys and utilizes a product and the company is aware of any flaws.

Because of these differences It is essential for injury attorney injured victims to speak with a personal injury attorney 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 concentrates on Accident and Personal Injury Law. Contact him today for a no-obligation consultation.

Duty of Care

A duty of care is an obligation one owes to others to exercise reasonable care in doing anything that could be expected to cause harm. It is generally considered negligence when a person fails comply with their obligation of care and someone is injured in the process. A business or individual is bound by a duty of caring to the public in various situations. This includes doctors who are preparing tax returns, accountants making tax returns and store owners removing snow off sidewalks to ensure that people don't slip and end up hurting themselves.

To successfully claim damages in a tort lawsuit, you will need to prove that the party who injured you owed you a duty of care, and that they violated their duty of care, and that their breach was the sole and primary cause of your injuries. The standard of care is usually established by what other medical professionals would do in similar situations. If a surgeon is performing surgery on the wrong leg this could be considered an infraction of duty because other surgeons would read the chart correctly under similar circumstances.

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