What Makes Injury Legal?

Injury legal is a term used to define the harm or loss suffered by an individual due to an individual's negligent or unlawful actions. It falls under the umbrella of tort law.

The most obvious kind of injuries is the bodily which includes things such as whiplash, injured concussion, and broken bones. It is important to seek medical treatment for these injuries.

Statute of Limitations

The law sets a deadline called the statute of limitations within which an injured person can start a lawsuit. If you fail to comply with the statute of limitations, your claim will be "time-barred" and you won't be able to recover compensation for your losses. The statute of limitations varies from state to state, and also by type of case.

The statute of limitations "clock" typically begins ticking at the time that the accident or incident that resulted in injury occurs. There are a few exceptions to the rule that could delay the filing of a lawsuit. The discovery rule is one such exception. It states that the clock for the statute of limitations will not begin until the injury has been discovered or ought to have been discovered. This is typically encountered in cases involving concealed issues, such as asbestos exposure or certain medical malpractice claims.

A minor can also be granted an extra year to file a lawsuit even that the statute would typically expire before they turn 19. There is also the "tolling" provision that allows the limitations period to be suspended during certain events and situations like military service or involuntary mental hospitalization. The statute of limitation can be extended for fraudulent misrepresentation or intentional concealment.

Damages

Damages are compensation paid to the victim of the tort (wrongful act). There are two main types of damages: compensatory and punitive. Compensatory damages compensate plaintiffs for their losses and are intended to restore them after an accident, whereas punitive damages punish a defendant for fraud, an ill-intentional act that caused harm, or gross negligence.

The amount of damages awarded is highly dependent and based on the unique circumstances of each case. A personal injury lawyer with experience can assist you with logging your full losses. This will increase your chances of obtaining the maximum amount of compensation that is possible. Your lawyer may call in experts to provide evidence of the extent 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 current and future economic losses. Your attorney will help you keep a detailed record of your expenses and financial loss incurred as well as the value of your lost income in the future. Experts are often needed to estimate the value of your claim based on the permanent impairment or disability of your injury lawsuit.

If the defendant does not have enough insurance coverage to cover your claims, then you can get a civil judgement against them personally. This isn't always easy unless the defendant is a large corporation or has 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 however, there are some resemblances. Statutes of limitation are a procedural and forward-looking law while statutes of repose are substantive and retro-looking.

A statute of repose, as it's known is a law that sets a deadline within which legal action is prohibited - with the same exceptions as a statute of limitations. A statute of repose can be used in product liability suits, and medical malpractice claims.

The main difference is that whereas the statute of limitations generally is in effect when the plaintiff is hurt or becomes aware of their loss and a statute of restraint usually begins to run when an incident triggers it. This can be a problem in cases involving product liability for instance, because it can take a long time for the plaintiff to purchase and use a particular product before the company might have been aware of any defects.

Due to these differences It is crucial that victims of injury consult an attorney prior to the statutes that apply to them expire. Michael Ksiazek is a partner at the Stark & Stern's Yardley, PA office and focuses 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 cause harm in the future. If someone fails to comply with a duty and suffers injury because of it, this is considered to be negligence. There are many instances in which a person or business is responsible for providing care to the public, including doctors and accountants preparing taxes and store owners clearing snow and ice from sidewalks to prevent people from falling and hurting themselves.

To successfully claim damages in a tort lawsuit it is necessary to establish that the party that injured you was bound by a duty of care, that they breached that duty of care and that their breach was the direct and proximate cause of your injuries. The standard of care is typically determined by what other doctors would do under similar circumstances. For example, if a doctor performs surgery on the wrong leg, it could be considered a breach in duty because other surgeons under the same circumstances would likely be able to read the patient's record correctly.

It is important to keep in mind, too, that the standard of care must not be excessive that it creates no limit on liability for all parties. In jury trials, and in bench trials the balance is examined by both juries and judges.