What Makes Injury Legal?

Legal injury is a term used to describe the loss or harm suffered by an individual as a result of an individual's negligent or unlawful actions. It falls under the umbrella of tort law.

The most obvious type of injury is one that's bodily which includes things such as concussion, whiplash and broken bones. These injuries should be treated by a medical professional.

Statute of Limitations

The law sets an amount of time, referred to as the statute of limitations within which an injured person can file an action. Failing to do so will result in the claim being "time barred" and the injured party will not be able recover compensation for their losses. The particulars of the statute of limitations can differ from state to state, and each type of case has its own time frame, as well.

The statute of limitations "clock" typically starts ticking at the point that the accident or incident that resulted in injury occurs. There are a few exceptions to the standard that may extend the time for filing a lawsuit. The discovery rule is one such exception. It states that the clock for the statute of limitations does not start until the injury has been discovered or should have reasonably been discovered. This is most commonly seen in situations where the cause is concealed, like asbestos or injured certain medical malpractice claims.

Another exception applies to minors, who have a year after their 18th birthday when they can initiate lawsuits, even though the statute of limitations would normally run before they reach the age of 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. There is also the statute of limitations extension for fraud or willful falsification.

Damages

Damages are the compensation paid to the victim in the aftermath of a tort or wrongdoing. There are two types of damages - punitive and compensatory. Compensation damages are designed to compensate the plaintiffs and to make them whole after an injury. Punitive damages are designed to punish defendants for fraud, malicious actions that caused harm or gross negligence.

The amount of damages awarded is subjective and based on the unique circumstances of each case. A personal injury lawyers lawyer who has experience will assist you in capturing your losses in full. This will improve your chances of obtaining the maximum amount of compensation that you are able to. Your lawyer could call in experts to testify about the severity of your pain and suffering, or to prove your claim for emotional distress.

To get the maximum amount of compensation, you must have careful documentation of your present and future economic losses. Your lawyer will assist in keeping detailed notes of your expenses and financial losses incurred, and injured also in calculating the value of your future loss of income. Experts are often required to estimate the value of your claim based on the permanent impairment or disability resulting from your injury.

If the defendant doesn't have sufficient insurance to cover your claims, you may be able to pursue an injunction against them. This can be difficult if the defendant is a large asset or is a corporate entity with multiple assets.

Statute of Repose

While statutes of limitations and statutes of repose restrict the time that a plaintiff has to file a lawsuit, there are some notable differences between the two. Statutes are procedural, forward-looking, and substantive.

In simple terms, a statute of repose is a law that establishes an exact deadline for when legal actions are barred -- without the same exceptions as a statute of limitation. A statute of repose can be applied to construction defect lawsuits, products liability suits and medical malpractice claims.

The most notable difference is that while the statute of limitations usually begins to run when the plaintiff is injured or learns of their loss the statute of repose generally begins to run when an incident triggers it. This could be a problem in cases involving product liability. It could take several years before a plaintiff purchases and utilizes a product and the company becomes aware of any flaws.

Due to these distinctions It is essential for injured victims to speak with a personal injury law firm lawyer near them before the applicable statutes of limitation and statutes of repose expire. Michael Ksiazek, a partner in the Stark & Stark's Yardley office, focuses on Accident and Injury Law. Contact him now for an initial consultation for no cost.

Duty of Care

A duty of care is an obligation one owes to others to exercise reasonable caution in doing anything that could foreseeably cause harm. It is usually regarded as negligence when someone fails to perform their duty of care and someone is injured due to the negligence. A company or person has the obligation of care to the public in many situations. This includes doctors preparing tax returns, accountants preparing tax returns and store owners removing snow from sidewalks so that people don't fall and hurt themselves.

To successfully seek damages in a tort lawsuit you will need to prove that the party who injured you was owed the duty of care, that they violated their duty of care and that their breach 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 example in the event that a doctor does surgery on the wrong leg, it could be deemed a breach of duty because other surgeons working in similar circumstances will 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 create a liability that is unlimited for all parties. In jury trials, as well as in bench trials the balance is scrutinized by juries as well as judges.