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What Makes Injury Legal?

Legal injury is a term used to describe the loss or damage that a person suffers due to the negligence or wrongdoing of another's actions. It falls under the umbrella of tort law.

The most obvious accident is a bodily affliction, which includes concussions, whiplash, and fractured bones. These injuries must be treated by an experienced medical professional.

Statute of Limitations

The law sets a timeframe, known as the statute of limitations, within which an injured party can make a claim. If you fail to meet the deadline, your claim will be "time-barred" and you won't be able to get compensation for your losses. The time limit for a claim varies from state to state, and also depending on the type of claim.

The "clock" of the statute of limitations usually begins to tick once the accident or incident which caused the injury occurs. There are some exceptions to the rule that can prolong the time required to file a lawsuit. One of them is known as the discovery rule, which states that the clock of statute of limitations is not set until the injury is discovered or reasonably ought to have been discovered. This is seen most often in cases where injuries are concealed, such as asbestos or certain medical malpractice claims.

Another exception is for minors, who have a year following their 18th birthday to initiate litigation even when the statute of limitations usually runs before they reach the age of 19. There is also the "tolling" provision that suspends the limitations period during certain situations and events, such as military service and involuntary mental hospitalization. In addition, there is the statute of limitations extension for fraud or willful deception.

Damages

Damages are the amount of compensation that is paid to the victim of a tort (wrongful act). There are two types of damages: compensatory and punitive. Compensatory damages pay plaintiffs back their losses, and are intended to make them whole again after an injury lawyers, while punitive damages punish the defendant for fraud, a devious act that caused harm or reckless negligence.

The amount of damages awarded is subjective and based upon the particular circumstances of each case. An experienced personal injury attorney can assist you in determining the full extent of your losses. This will increase your odds of receiving the highest amount of compensation you can get. Your lawyer could call in experts to provide evidence of the severity of your pain and suffering or to back up your claim for emotional distress.

To receive the most compensation, you must record your current and future losses. Your attorney will assist in keeping meticulous documents of the expenses and financial losses you have incurred, and also in calculating the amount of future lost income. Experts are often needed to estimate the value of your claim based on the permanent impairment or disability that results from your injury.

If the defendant does not have enough insurance to cover your claims, you may be able to seek a civil judgment against them. This can be difficult unless the defendant is a major company or has multiple assets.

Statute of Repose

While statutes of limitations and statutes of repose both limit the amount of time a plaintiff has to file an injury claim There are a few notable differences between the two. Statutes of limitation are a procedural and forward-looking law, whereas statutes of repose are substantive and retro-looking.

A statute of repose, as it's known is a law that specifies a timeframe that must be met before legal action is closed - without the exceptions that a statute or limitations would provide. It is typical for a statute of repose to apply to construction defect cases, products liability lawsuits, and medical malpractice claims.

The major difference is that a statute begins to run after an event, whereas the statute of limitations generally starts when the plaintiff discovers or suffers a loss. This is a concern 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 flaws.

Due to these variations, it is important that injury victims consult with an attorney before the applicable statutes expire. Michael Ksiazek, injured a partner in Stark & Stark’s Yardley office, concentrates on Accident and Injury Law. Contact him now for a free consultation.

Duty of Care

A duty of care is an obligation one owes to others to exercise reasonable caution in doing anything that could cause harm in the future. When a person fails to meet a duty of diligence, and someone is injured because of it, this is deemed to be 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 prevent people from falling and hurting themselves.

To successfully seek damages in a tort case you will need to show that the person who injured you was bound by a duty of care, that they breached that duty of care and that their breach was the direct and proximate cause of your injuries. The standard of care is typically established by what other medical professionals would do in similar circumstances. For instance when a doctor performs surgery on the wrong leg, it could be considered to be a breach of duty since other surgeons operating in similar circumstances would most likely read the patient's chart correctly.

It is important to note, too, that the standard of care should not be enough to impose unlimited liability on all parties. In jury trials, as well as in bench trials, the balance is carefully scrutinized by juries as well as judges.