What Makes Injury Legal?

Injury legal is a term used to define the harm or loss that an individual suffers as a result of an other person's negligent or illegal actions. It falls under the umbrella of tort law.

The most obvious form of injuries is the bodily that includes things like concussion, whiplash and broken bones. It is essential to seek medical attention for these injuries.

Statute of limitations

The law sets a timeframe, called the statute of limitations, within which an injured party can bring a lawsuit. If you fail to meet the deadline, your claim will be "time-barred" and you won't be able claim compensation for your losses. The time period for the statute of limitations differs from states to states and by type of case.

The statute of limitations "clock" typically starts ticking at the time the accident or incident causing injury occurs. However, there are several exceptions that could extend the time required to file a lawsuit. One such exception is known as the discovery rule, which states that the clock for the statute of limitations does not begin until the injury is discovered or could have been discovered. This is typically seen in cases where injuries are concealed, such as asbestos or certain medical malpractice claims.

Another exception applies to minors, who have a year following their 18th birthday to initiate litigation even when the statute of limitations usually runs before they reach the age of 19. There is also the "tolling" provision which allows the limitations period to be suspended during certain circumstances and injuries events, such as military service or involuntary mental hospitalization. The statute of limitations can be extended for fraudulent misrepresentation or willful concealment.

Damages

Damages are a form of compensation that is given to the victim following an incident of negligence or a tort. There are two kinds of damages: punitive and compensatory. Compensatory damages are intended to compensate the plaintiffs and restore them to their fullness after an injury. Punitive damages are intended to penalize defendants for fraudulent acts, devious actions that cause harm, or gross negligence.

The amount of damages you are able to claim is highly subjective, and is based on the specific facts of each case. A personal injury lawyer with experience can help you document your full losses. This will increase your chances of receiving the highest amount of compensation possible. For example your lawyer could employ experts to testify on the extent of your suffering and pain or a psychologist or psychiatrist expert witness to strengthen your claim for emotional distress.

In order to maximize compensation, you need to take care in the documentation of your current and future economic losses. Your lawyer will assist you to keep detailed records of financial losses and expenses incurred as well as the amount of your future income loss. This can be difficult and often requires calculating estimates based on the permanent impairment caused by your injury or disability that requires the help of experts.

If the defendant is not covered by insurance coverage to cover your claims, you can get a civil judgement against them personally. This can be a challenge unless the defendant is a large corporation or has multiple assets.

Statute of Repose

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

In simple terms, a statute of repose is a law that sets a hard deadline after which legal actions are barredbut without the same exemptions as a statute of limitations. A statute of repose is typically applied to construction defect lawsuits, products liability suits and medical malpractice claims.

The primary difference is that a statute begins to run following an event, whereas the statute of limitations generally begins when a plaintiff finds or suffers losses. This is a concern in product liability cases for instance, because it can take a long time for the plaintiff to purchase and use a particular product before the company was aware of any defects.

Due to these differences It is essential for victims of injuries to speak with a personal injury lawyer near them prior to when the applicable statutes of limitation and statutes of repose expire. Michael Ksiazek, a partner at Stark and Stark's Yardley office, focuses on Accident and Injury Law. Contact him today for a no-obligation consultation.

Duty of Care

A duty of care is the obligation one has to other people to exercise a reasonable amount of caution when performing actions that could cause harm. If a person fails to fulfill a duty of care, and someone is injured due to it, it is considered negligence. There are a myriad of circumstances where a person company is bound by a duty of care to the public, including doctors and accountants preparing taxes and store owners cleaning snow and ice off sidewalks to stop people from falling and injuring themselves.

To be able to claim damages in a tort case you will need to show that the person who injured you was bound by an obligation of care, that they violated that duty of care and injuries that their negligence was the direct and proximate cause of your injuries. The standard of care is typically determined by what other professionals apply in similar circumstances. If a surgeon is performing surgery on the wrong leg it could be deemed unprofessional conduct, because other surgeons would read the chart correctly under similar circumstances.

It is also important to keep in mind that the standard of care should not be so high that it could impose unlimited liability on all parties. It is a balance which is carefully reviewed by juries in jury trials and judges in bench trials.