What Makes Injury Legal?

"Injury legal" is a term used to describe the loss or damage sustained by a person as a result of an other person's negligent or illegal actions. It falls under tort law.

The most obvious type of injury is a bodily one that includes things like whiplash, concussion and broken bones. These injuries should be treated by medical professionals.

Statute of Limitations

The law establishes the time frame, also known as the statute of limitations in which an injured person is able to file a lawsuit. Failing to do so will result in the claim being "time barred" and the injured party will not be able receive compensation for their losses. The details of the statute of limitations differ from state to state, and each kind of claim has its own particular time frame.

The "clock" of the statute of limitations usually begins to tick when the accident or incident which caused the injury occurs. However, there are several exceptions that may extend the time to file lawsuits. One of these exceptions is known as the discovery rule which states that the clock for the statute of limitations doesn't begin until the injury is discovered or could have been discovered. This is usually seen in situations where the cause is hidden, such asbestos or certain medical malpractice claims.

A minor can be granted an additional year to file a lawsuit, even that the statute would typically expire prior to turning 19. There is also the "tolling" provision, which suspends the statute of limitation during certain circumstances, like military service or involuntary mental health commitments. The statute of limitations may be extended in the event of fraud or deliberate concealment.

Damages

Damages are the amount of compensation that is paid to the victim of an act of tort (wrongful act). There are two types of damages - punitive and compensatory. Compensatory damages pay plaintiffs back their losses and aim to make them whole again after an accident, whereas punitive damages penalize the defendant for fraud, a devious act that caused harm, or gross negligence.

The amount of damages awarded is highly subjective and based upon the particular circumstances of each case. An experienced personal injury attorney can help you document the full extent of your losses. This increases your odds of receiving the maximum amount possible. For example your lawyer could use expert witnesses to testify on the extent of your suffering and pain or a psychological or psychiatric expert witness to back up your emotional distress claim.

In order to receive the maximum amount of compensation, you must document your losses now and in the future. Your lawyer will help you keep a detailed record of your financial losses and expenses incurred as well as the value of your lost income in the future. This can be complicated and usually involves making estimates based on the permanent impairment caused by your injury or disability and requires the assistance of experts.

If the defendant does not have sufficient insurance to cover your claims, then you might be able pursue a civil judgement against them. This isn't always easy unless the defendant is a major company or has multiple assets.

Statute of Repose

There are some differences between statutes of limitation and statutes of repose. Both limit the amount of time a plaintiff has to file a claim for injury however there are some commonalities. Statutes are procedural, forward-looking, and substantive.

A statute of repose, in short, is a law which gives a time limit that must be met before legal action is barred - without the same exceptions that a statute or limitations would provide. A statute of repose is typically used in cases involving defective construction, products liability suits, and medical malpractice claims.

The major difference is that a statute starts to run following an event, while the statute of limitations typically begins when a plaintiff finds or suffers an injury. This could be a problem in product liability cases, for example, since it may take years for a plaintiff to purchase and use a particular product before the company was aware of any flaws.

Because of these differences and the fact that there are a variety of different laws, injury attorney it is important for victims of injuries to speak with a personal injury lawyer near them before the applicable statutes of limitation and repose statutes expire. Michael Ksiazek is a partner at the Stark & Stern's Yardley, PA office and focuses on Accident & Personal Injury Law. Contact him now for no-cost consultation.

Duty of Care

A duty of care is the obligation that individuals owe to others to exercise reasonable caution when performing actions that could cause harm. It is usually regarded as negligence when a person fails fulfill their duty of care and someone gets injured in the process. There are a myriad of circumstances where a person business is responsible for providing care to the public, for example accountants and doctors preparing tax returns and store owners clearing snow and ice off sidewalks to prevent people from falling and hurting themselves.

To successfully seek damages in a tort lawsuit, you will need to show that the person who injured you had an obligation of care, and that they breached that duty of care and that their breach was the primary and most direct reason for your injury attorney. The quality of care is typically determined by what other doctors do in similar circumstances. For instance, if a doctor performs surgery on the wrong leg, it could be considered a breach of duty since other surgeons operating in the same circumstances would likely read the patient's chart correctly.

It is also important to keep in mind that the standard of care should not be so high as to impose unlimited liability on all parties. In jury trials, as well as in bench trials the balance is evaluated by juries as well as judges.