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What Makes Injury Legal?

Legal injury is a term used to describe the loss or damage suffered by an individual as a result of another party's negligent or wrongful actions. It is a part of tort law.

The most obvious injury is a bodily injury that includes concussions, whiplash, and fractured bones. These injuries must be treated by a medical professional.

Statute of limitations

The law sets an expiration date, 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 victim is not able to claim compensation for their losses. The time limit for a claim varies from states to states and depending on the type of case.

The "clock" of the statute of limitations usually starts ticking when the accident or incident which caused the injury occurs. There are a few exceptions to the standard that may extend the time to file a lawsuit. One of these exceptions is known as the discovery rule which states that the clock of statute of limitations is not set until the injury is discovered or should have been discovered. This is seen most often in cases where conditions are hidden, such asbestos or certain medical malpractice claims.

Another exception is for minors, who have a year after their 18th birthday when they can initiate litigation, even although the statute of limitations will normally expire before they reach age 19. There is also the "tolling" provision that suspends the limitations period in certain events and situations like military service or involuntary mental hospitalization. There is also the extension of the statute of limitations for willful concealment or deception.

Damages

Damages are compensation paid to the victim of an act of tort (wrongful act). There are two kinds of damages: compensatory and punitive. Compensatory damages are meant to compensate the plaintiffs and restore them to their fullness after an injury. Punitive damages are used to penalize defendants who committed fraudulent acts, devious actions that caused harm or gross negligence.

The amount of damages is highly subjective, and is based on the particular facts of each case. An experienced personal injury attorney will assist you in documenting the complete extent of your losses. This will increase your chances of obtaining the highest amount possible. Your lawyer may call in experts to provide evidence of the severity of your suffering or 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 help you keep detailed records of financial losses and expenses incurred as well as the amount of your future income loss. Experts are often needed to calculate estimates based on the permanent impairment or disability resulting from your injury.

If the defendant has insufficient insurance coverage to pay your claims, you are able to pursue a civil judgment against them personally. This can be difficult unless the defendant is a large corporation or has multiple assets.

Statute of Repose

While statutes of limitations and statutes of repose both limit the time a plaintiff has to file a claim for injury however, there are some significant distinctions between the two. Statutes of limitation are a procedural and forward-looking law, whereas statutes of repose are substantive and forward-looking.

A statute of repose, in short it is a law that gives a time limit that must be met before legal action is not allowed - without the exceptions that a statute or limitations provide. A statute of repose is typically applied to product liability suits, and medical malpractice claims.

The biggest distinction is that the statute of limitations generally starts to run when a plaintiff suffers injury or is aware of their loss, a statute of repose usually begins to run when an incident triggers it. This is a concern in cases involving product liability. It could take several years before a plaintiff buys and utilizes a product and the company becomes aware of any issues.

Due to these distinctions and the fact that there are a variety of different laws, it is important for victims of injuries to speak with a personal injury lawyer near them prior to when the applicable statutes of limitation and repose statutes expire. Michael Ksiazek, a partner in the Stark & Stark's Yardley office, focuses on Accident & Injury Law. Contact him today for a free consultation.

Duty of Care

A duty of care is an obligation one owes to others to exercise reasonable care when doing something that may be expected to cause harm. If a person fails meet a duty of diligence and someone is injured because of it, this is considered negligence. There are many 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 clearing snow and ice off sidewalks to prevent people from falling and causing injury to themselves.

To be able to claim damages in a tort lawsuit, you will need to show that the person who injured you was owed an obligation of care, that they violated their duty of care and that their negligence was the sole and primary reason for your injury. The standard of care is generally determined by what other experts would do under similar circumstances. If a surgeon is performing surgery in the wrong place, this may be considered unprofessional conduct, because other surgeons are likely to read the chart correctly under similar circumstances.

It is important to keep in mind that the standard of care should not be excessive that it creates an unlimited liability on all parties. This balance is carefully reviewed by juries in jury trials and judges in bench trials.