What Makes Injury Legal?

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

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

Statute of limitations

The law establishes the time frame, also known as the statute of limitations that an injured person can file an action. Failure to file a lawsuit will result in the claim being "time barred" and the victim is not able to receive compensation for injured their losses. The specifics of the statute of limitations vary from state to state, and each kind of case has its own specific time frame.

The statute of limitations "clock" typically begins ticking at the time that the accident or incident that resulted in injury occurs. There are some exceptions to the standard that may extend the time for filing a lawsuit. One of them is known as the discovery rule, which states that the statute of limitations clock does not begin until the injury is discovered or should have been discovered. This is usually seen when conditions are concealed, such as asbestos or certain medical malpractice claims.

Another exception is for minors who have a year after their 18th birthday to initiate legal proceedings even although the statute of limitations usually runs before they reach the age of 19. There is also the "tolling" provision, which suspends the statute of limitations for certain circumstances, such as military service or involuntary mental health obligations. The statute of limitations may be extended in the event of fraud or willful concealment.

Damages

Damages are compensation that is paid to the victim following the commission of a wrongdoing or a tort. There are two kinds of damages: punitive and compensatory. Compensatory damages pay plaintiffs back their losses, and are intended to make them whole again following an injury, whereas punitive damages punish the defendant for fraud, a devious act that caused harm or reckless negligence.

The amount of damages awarded is dependent and based on the specific circumstances of each case. A seasoned personal injury lawyer can assist you in determining the full extent of your losses. This increases your odds of receiving the maximum amount possible. Your lawyer can call experts to provide evidence of the extent of your pain and suffering or to support your claim for emotional distress.

Obtaining maximum compensation requires careful documentation of your current and future economic losses. Your lawyer will assist with keeping detailed notes of your expenses and financial losses that you incur, and will also calculate the value of any future loss of income. This can be difficult and often requires calculating estimates based on your injury's permanent impairment or disability, which requires the assistance of experts.

If the defendant does not have sufficient insurance to cover your claims, then you might be able to obtain a civil lawsuit against them. This isn't always easy unless the defendant is a major corporation or has multiple assets.

Statute of Repose

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

In a nutshell, a statute of repose is a law that sets the deadline by which legal actions are barred -- without the same exceptions as a statute of limitations. It is typical for a statute of repose to be applied to cases involving construction defects, products liability lawsuits and medical malpractice claims.

The primary difference is that a statute begins to run after an event, whereas the statute of limitations usually begins when a plaintiff finds or suffers the loss. This is a concern in product liability cases. It could take years before a plaintiff purchases and utilizes a product and the company becomes aware of any issues.

Because of these differences in the law, it is essential that injury victims consult with a personal attorney before the statutes that apply to them expire. Michael Ksiazek, a partner in the Stark & Stark's Yardley office, focuses on Accident and Injury Law. Contact him today to arrange free consultation.

Duty of Care

A duty of care is an obligation that a person owes others to exercise reasonable care when performing a task that could cause harm in the future. If a person fails fulfill a duty of care and someone is injured because of it, this is considered to be a case of negligence. There are a variety of situations where a person or business is responsible for providing care to the public, injured for example accountants and doctors who prepare taxes and store owners cleaning snow and ice from the sidewalks to avoid people falling and hurting themselves.

To be able to claim damages in a negligence case, you must prove that the party who injured you was a duty of duty and breached their duty of duty and that their breach caused your injury. The standard of care is usually established by what other professionals do in similar situations. If a surgeon makes a surgical procedure in the wrong leg, this may be considered a breach of duty, since other surgeons would have take the correct chart under similar circumstances.

It is vital to note, too, that the standard of care must not be enough to impose unlimited liability on all parties. This is a balance that is carefully scrutinized by juries in jury trials and judges in bench trials.