What Makes Injury Legal?

The term "injury legal" is used to describe 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 type of injury is one that's bodily which includes things such as whiplash, injury attorney concussion, and broken bones. These injuries must be treated by a medical professional.

Statute of Limitations

The law sets a deadline known as the statute of limitations, within which a person injured can make a claim. Failing to do so will result in the claim being "time barred" and the injured party cannot get compensation for their losses. The statute of limitations varies from state to state and according to the type of case.

The statute of limitations "clock" typically begins ticking when the accident or incident causing injury occurs. There are some exceptions to the standard that may delay the filing of a lawsuit. The discovery rule is an exception. It states that the clock of the statute of limitations does not start until the injury has been identified or ought to have been discovered. This is typically observed in cases that involve hidden issues, such as asbestos exposure or certain medical malpractice claims.

A minor may also be granted an extra year to file a lawsuit, even that the statute would typically expire before turning 19. There is also the "tolling" provision that suspends the statute of limitations during certain events or circumstances such as military service or involuntary mental health commitments. The statute of limitations could 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 types of damages: punitive and compensatory. Compensation damages compensate plaintiffs for their losses and are intended to restore their health after an accident, whereas punitive damages punish a defendant for fraud, a malicious act that caused harm, or reckless negligence.

The amount of damages you are able to claim is highly subjective, and is based on the specific facts of each case. An experienced personal injury attorney can help you document the complete extent of your losses. This will increase your chances of receiving the highest amount of compensation that you are able to. For example, your lawyer may use experts to testify about the extent of your suffering and pain as well as a psychological or psychiatric expert witness to support 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 assist you keep meticulous records of the financial losses and expenses incurred as well as the amount of your future lost income. This can be difficult and often involves making estimates based on the permanent impairment caused by your larchmont injury law firm or disability that requires the help of experts.

If the defendant does not have enough insurance coverage to cover your claims, you are able to get a civil judgement against them personally. This can be very difficult unless the defendant is a large asset or is a business with multiple assets.

Statute of Repose

There are some differences between statutes of limitation and statutes de repose. Both restrict the time a plaintiff can file a claim claiming injury however, there are some similarities. Statutes are procedural, forward-looking, and substantive.

A statute of repose, in short it is a law that sets a deadline after which legal action is barred - without the same exceptions that a statute or limitations provide. A statute of repose is often used in lawsuits involving construction defects, products liability suits and medical malpractice claims.

The most significant difference is that, while the statute of limitations generally runs when the plaintiff suffers harm or discovers their loss, a statute of repose typically begins running 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 is aware of any defects.

Due to these distinctions, it is important that injured victims consult a personal attorney before the statutes that apply to them expire. Michael Ksiazek is a partner at Stark and Stark's Yardley, PA office and is focused on Accident and Personal Injury Law. Contact him today for free consultation.

Duty of Care

A duty of care is the obligation that individuals owe to others to exercise reasonable care when doing things that could cause harm. It is generally considered negligence when an individual fails to comply with their obligation of care, and someone is injured due to the negligence. There are a variety of situations in which a person or business is responsible for providing care to the public, for example accountants and doctors who prepare tax returns and store owners cleaning snow and ice off the sidewalks to avoid people falling and causing injury to themselves.

To be able to claim damages in a case of negligence, you must prove that the person who injured you was in an obligation of care and breached their obligation and that their lapse caused your injury. The standard of care is usually established by what other professionals would do in similar situations. If a surgeon makes a surgical procedure in the wrong limb the procedure could be regarded as unprofessional conduct, because other surgeons would be able to read the chart correctly in similar circumstances.

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