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What Makes Injury Legal?

The term injury legal is used to describe the damage or loss an individual suffers as a result from the negligence of another person's or indefensible 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, concussion and broken bones. It is essential to seek medical treatment for these injuries.

Statute of limitations

The law imposes the time frame, injured also known as the statute of limitations that an injured person can file an action. Failure to file a lawsuit will result in the claim being "time barred" and the party who was injured is not able to receive compensation for their losses. The details of the statute of limitation vary from state to state and injured each type of claim has its own particular time frame as well.

The "clock" of the statute of limitations typically starts ticking when the accident or incident that caused the injury occurs. However, there are some exceptions that can extend the time to file lawsuits. One such exception is known as the discovery rule which states that the clock of statute of limitations cannot begin until the injury is discovered or ought to have been discovered. This is typically 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 though the statute would normally expire before the age of 19. There is also the "tolling" provision that allows the limitations period to be suspended during certain circumstances like military service or involuntary mental hospitalization. Then, there's the extension of the statute of limitations for fraud or willful misrepresentation.

Damages

Damages are compensation that is paid to the victim after a tort or wrongdoing. There are two kinds of damages: compensatory and punitive. Compensatory damages compensate plaintiffs for their losses, and are intended to make them whole again after an injury, whereas punitive damages are intended to punish the defendant for fraud, a devious act that caused harm or gross negligence.

The amount of damages awarded is subjective and based on the specific circumstances of each case. A seasoned personal injury lawyer can help you document the extent of your losses. This increases your chances of obtaining the largest amount possible. For instance your lawyer could use expert witnesses to testify on the severity of your pain and suffering or a psychological or psychiatric expert witness 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 lawyer will assist you in keeping meticulous documents of the expenses and financial losses incurred, and will also calculate the value of any future loss of income. This can be quite complicated and often involves formulating estimates based on the severity of your injury and its permanent disability which requires the assistance of experts.

If the defendant does not have enough insurance to cover your claims, you could be able to pursue a civil judgment against them. This can be very difficult unless the defendant is a large asset or is a company with multiple assets.

Statute of Repose

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

A statute of repose, also known as a statute is a law that establishes a time frame within which legal action is barred - without the same limitations that a statute limitations would provide. It is common for statutes of repose to apply to construction defect cases, products liability lawsuits and medical malpractice claims.

The primary difference is that a statute begins to run following an event, whereas the statute of limitations typically begins when a plaintiff finds or suffers losses. This can be an issue in product liability cases for instance, because it could take years for a plaintiff to purchase and use a product, even before the company was aware of any flaws.

Due to these distinctions and the fact that there are a variety of different laws, it is important that victims of injury consult with a personal injury attorney close to them before the applicable statutes of limitations and repose statutes run out. Michael Ksiazek, a partner in Stark & Stark’s Yardley office, concentrates on Accident & Injury Law. Contact him for a no-obligation consultation.

Duty of Care

A duty of care is an obligation one owes to others to exercise reasonable care when performing a task that could foreseeably cause harm. It is typically regarded as negligent when a person fails to perform their duty of care and someone is injured in the process. A business or individual is bound by a duty of caring to the public in various situations. This includes doctors who prepare tax returns, accountants making tax returns, and store owners clearing snow from sidewalks so that people don't get harm themselves.

To be able to claim damages in a negligence case you must prove that the person who injured you had a duty of duty and acted in breach of this duty of duty, and that their breach caused your injury. The level of care required is usually determined by what other professionals do in similar circumstances. For instance when a doctor performs surgery on the wrong leg, it may be considered to be a breach of duty because other surgeons working in similar circumstances will likely read the patient's chart correctly.

It is also important to remember that the standard of care can't be so high that it will make it impossible to impose liability on all parties. It is a balance that is carefully reviewed by juries in jury trials, as well as judges in bench trials.