What Makes Injury Legal?

"Injury legal" is a term used to describe the harm or loss that a person suffers due to an individual's negligent or unlawful actions. It is a part of tort law.

The most obvious harm is a bodily that includes concussions, whiplash, and fractured bones. These injuries should be treated by an experienced medical professional.

Statute of Limitations

The law imposes an expiration date, known as the statute of limitations within which an injured person can file a lawsuit. Failure to file a lawsuit will result in the claim being "time barred" and the injured party will not be able to recover compensation for their losses. The time period for the statute of limitations differs from state to state and also by type of case.

The statute of limitations "clock" generally starts to tick at the time that the accident or incident that caused injury occurs. There are a few exceptions to the standard that may extend the time for filing a lawsuit. One of these exceptions is known as the discovery rule which states that the statute of limitations clock doesn't begin until the injury is discovered or should have been discovered. This is usually found in cases involving hidden conditions, like asbestos exposure or certain medical malpractice claims.

Another exemption is for minors who have a year from their 18th birthday to initiate legal proceedings even when the statute of limitations would normally run before they reach age 19. There is also the "tolling" provision, which suspends the limitations period during certain events and situations including military service and involuntary mental hospitalization. The statute of limitations could be extended for fraud or deliberate concealment.

Damages

Damages are a form of compensation given to the victim of an act of tort (wrongful act). There are two kinds of damages: compensatory and punitive. Compensation damages are designed to compensate the plaintiffs and restore them to their fullness after an injury. Punitive damages are designed to punish defendants for fraud, malicious actions that cause harm, or gross negligence.

The amount of damage is highly subjective, and based on the particular facts of each case. A personal injury lawyer who has experience can assist you in documenting your losses in full. This will increase your odds of receiving the highest amount of compensation you can get. Your lawyer might call in expert witnesses to describe the severity of your pain and suffering or to support your claim for emotional distress.

In order to receive the maximum amount of compensation, you must carefully record your current and future losses. Your attorney will assist in keeping meticulous notes of your expenses and financial losses incurred as well as calculating the value of future lost income. This can be difficult and usually involves making estimates based on the permanent impairment caused by your injury or disability which requires the assistance of experts.

If the defendant doesn't have enough insurance to cover your claims, firm you may be able to obtain a civil lawsuit against them. However, this can be very difficult unless the defendant has substantial assets or is a corporate entity with multiple assets.

Statute of Repose

There are some distinctions between statutes of limitation and statutes of repose. Both limit the amount of time a plaintiff has to file a claim claiming injury, but there are also certain similarities. Statutes are procedural, forward-looking, and substantive.

A statute of repose, in short it is a law that sets a deadline that must be met before legal action is barred - without the same exceptions as a statute of limitations have. A statute of repose is typically applied to cases involving defective construction, products liability suits and medical malpractice claims.

The primary difference is that a statute starts to run after an event, while a statue of limitations usually starts when the plaintiff discovers or suffers losses. This is a concern in cases involving product liability for instance, as it can take a long time for a plaintiff to purchase and use a product prior to the company might have been aware of any defect.

Because of these differences, it's important for injured victims to speak with a personal injury lawyer near them before the applicable statutes of limitations and statutes of repose run out. Michael Ksiazek is a partner at the firm of Stark & Stark's Yardley, PA office and focuses on Accident & Personal Injury Law. Contact him for a no-obligation consultation.

Duty of Care

A duty of care is a duty one owes to others to exercise reasonable care in doing anything that could cause harm in the future. It is typically regarded as negligent when an individual fails to perform their duty of care and a person is injured in the process. There are many instances where a person company owes a duty of care to the public, including accountants and doctors preparing tax returns and store owners who clear snow and ice off sidewalks to stop people from falling and causing injury to themselves.

To be able to claim damages in a negligence case you must prove that the party who injured you was in the duty to protect you, that they breached this obligation and that their lapse caused your injury. The standard of care is generally determined by what other experts would do in similar circumstances. For example in the event that a doctor does surgery on the wrong leg, it may be considered to be a breach of duty because other surgeons working in similar circumstances would most likely have read the patient's medical chart correctly.

It is vital to note, too, that the standard of care should not be too high that it imposes an unlimited liability on all parties. In jury trials, as well as in bench trials, the balance is carefully assessed by juries and judges.