What Makes Injury Legal?

Legal injury is a term used to define the harm or loss suffered by an individual due to the negligence or wrongdoing of another's actions. It falls under the umbrella of tort law.

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

Statute of Limitations

The law sets a timeframe, known as the statute of limitations within which an injured person can make a claim. If you don't comply with the statute of limitations, your claim is "time-barred" and you won't be able claim compensation for your losses. The details of the statute of limitations vary between states, and each kind of case has its own time period as well.

The statute of limitations "clock" typically starts ticking when the accident or injuries incident that resulted in injury occurs. There are a few exceptions to the rule, which can extend the time for filing a lawsuit. The discovery rule is an exception. It states that the statute-of-limits clock does not start until the injury has been discovered or ought to have been discovered. This is usually seen in situations where the cause is hidden, such asbestos or certain medical malpractice claims.

Another exception is for minors who have a year after the age of 18 to start lawsuits, even when the statute of limitations usually runs before they reach age 19. There is also the "tolling" provision which suspends the limitations period during certain circumstances such as military service and involuntary mental hospitalization. There is also the extension of the statute of limitations for willful concealment or fraudulent deception.

Damages

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

The amount of damages awarded is highly dependent and based on the particular facts of each case. An experienced personal injury attorney can assist you in determining the complete extent of your losses. This increases your chances of obtaining the most money possible. For example your lawyer could employ experts to testify on the extent of your suffering and pain, or a psychological or psychiatric expert witness to bolster your claim for emotional distress.

In order to receive the maximum amount of compensation, you must carefully document your current and future losses. Your attorney will assist you keep a detailed record of all expenses and financial loss incurred as well as the value of the future loss of income. This can be complicated and usually involves making estimates based on the severity of your injury law firm and its permanent disability that requires the help of experts.

If the defendant doesn't have sufficient insurance to cover your claims, you might be able to seek a civil judgement against them. This can be difficult unless the defendant is a large company or has multiple assets.

Statute of Repose

While statutes of limitations and statutes of repose both limit the amount of time a plaintiff must wait to file a lawsuit however, there are some significant distinctions between the two. Statutes are procedural, forward-looking and substantive.

A statute of repose, as it's known, is a law which sets a deadline within which legal action is barred - without the same exceptions as a statute of limitations provide. It is common for statutes of repose to apply to construction defect cases, products liability lawsuits, as well as medical malpractice claims.

The most significant distinction is that 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 event triggers it. This can be an issue in cases involving product liability, for example, since it can take a long time for the plaintiff to purchase and use a product, even before the company might have been aware of any flaws.

Due to these distinctions, it is important to ensure that victims of injuries consult an attorney before the statutes that apply to them expire. Michael Ksiazek is a partner at Stark & Stark's Yardley, PA office and is focused on Accident & Personal Injury Law. Contact him today to arrange a free 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 expected to cause harm. If someone fails to perform a duty of care, and someone is injured as a result, this is considered to be a case of negligence. A company or person has the obligation of care to the public in many instances. This includes doctors preparing tax returns, accountants who prepare tax returns and store owners removing snow from sidewalks so that people don't get end up hurting themselves.

To be able to claim damages in a negligence claim, you must prove that the person who injured you owed a duty of duty and acted in breach of this obligation, and that their breach caused your injury. The standard of care is generally established by what other professionals would do under similar circumstances. For instance when a doctor performs surgery on the wrong leg, it could be considered to be a breach of duty since other surgeons operating in similar circumstances would most likely have read the patient's medical chart correctly.

It is also important to keep in mind that the standard of care can't be so high that it could make it impossible to impose liability on all parties. In jury trials, and in bench trials the balance is assessed by juries and judges.