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What Makes Injury Legal?

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

The most obvious injury is a bodily injury which can include concussions whiplash, and broken bones. It is imperative to seek medical assistance for these injuries.

Statute of Limitations

The law provides a time limit, called the statute of limitations that an injured person can file an action. Failure to comply with this deadline will result in the claim being "time barred" and the party who was injured will not be able to receive compensation for their losses. The statute of limitations varies from state to state and also by type of case.

The statute of limitations "clock" generally begins to tick when the accident or incident that resulted in injury occurs. There are a few exceptions to the rule that could extend the time for filing a lawsuit. 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 reasonably ought to have been discovered. This is usually seen in cases involving hidden conditions, such as asbestos exposure or medical malpractice claims.

Another exception is for minors who have one year from the age of 18 to start lawsuits, even when the statute of limitations would normally run before they reach the age of 19. There is also the "tolling" provision that suspends the statute of limitations in certain events or circumstances such as military service, or involuntary mental health obligations. The statute of limitations could be extended for fraud or deliberate concealment.

Damages

Damages are compensation that is paid to the victim in the aftermath of the commission of a wrongdoing or a tort. There are two main types of damages: compensatory and injury punitive. Compensation damages compensate plaintiffs for their losses and are intended to restore them following an injury, whereas punitive damages punish the defendant for fraud, a malicious act that caused harm, or gross negligence.

The amount of damages you are able to claim is highly subjective and is based on the particular facts of each case. A seasoned personal injury lawyer will assist you in documenting the extent of your losses. This will improve your chances of receiving the highest amount of compensation that is possible. For example, your lawyer may use expert witnesses to testify on the severity of your pain and suffering or a psychologist or psychiatrist expert witness to bolster your claim for emotional distress.

To receive the maximum amount of compensation, you need to have thorough documentation of your present and future economic losses. Your attorney will assist in keeping detailed notes of your expenses and financial losses incurred and also calculating the value of future lost income. Experts are often needed to determine estimates based on the permanent impairment or disability caused by your injury.

If the defendant's insurance coverage is inadequate, insurance coverage to pay your claims, you are able to obtain a civil judgment against them personally. However, this can be extremely 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 of repose. Both limit the amount of time a plaintiff can file a claim claiming 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 after which legal action is closed - without the exceptions as a statute of limitations. It is common for statutes of repose to apply to construction defect cases, product liability lawsuits, as well as medical malpractice claims.

The most notable difference is that whereas the statute of limitations usually runs 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 an issue in cases involving product liability, for example, since it may take years for a plaintiff to purchase and use a product before the company might have been aware of any defect.

Due to these differences, it's important for injury victims to consult with a personal injury lawyer near them before the applicable statutes of limitation and repose statutes run out. Michael Ksiazek, a partner in Stark & Stark’s Yardley office, concentrates on Accident & Injury Law. Contact him for a free consultation.

Duty of Care

A duty of care is a duty that a person owes others to exercise reasonable caution when performing a task that could be expected to cause harm. It is generally considered negligence when someone fails to perform their duty of care and someone is injured due to the negligence. A company or person has an obligation to care for the public in many instances. This includes doctors who are preparing tax returns, accountants who prepare tax returns, and store owners clearing snow off the sidewalks so that people don't fall and end up hurting themselves.

To be able to claim damages in a case of negligence, you must prove that the party who injured you owed the duty to protect you and injury breached their obligation, and that their breach caused your injury. The quality of care is typically established by what other professionals apply in similar circumstances. For instance the case where a physician performs surgery on the wrong leg, it may be considered a breach of duty because other surgeons under the same circumstances would likely be able to read the patient's record correctly.

It is also important to keep in mind that the standard of care must not be so high that it will limit liability to all parties. This is a balance that is vetted by juries in jury trials, as well as judges in bench trials.