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What Makes Injury Legal?

"Injury legal" is a term used to define the harm or loss sustained by a person as a result of the negligence or wrongdoing of another's actions. It falls under the umbrella of tort law.

The most obvious kind of injury is one that is bodily that includes things like concussion, whiplash and broken bones. It is imperative to seek medical attention for these injuries.

Statute of limitations

The law imposes the time frame, also known as the statute of limitations that an injured person is able to file a lawsuit. In the event of a delay, it will result in the claim being "time barred" and the injured party will not be able to recover compensation for their losses. The specifics of the statute of limitations can differ from state to state, and each type of case has its own time period as well.

The "clock" of the statute of limitations typically begins to tick once the incident or accident that caused the injury occurs. However, there are a few exceptions that could prolong the time for filing an action. The discovery rule is a prime exception. It states that the clock of the statute of limitations does not start until the injury has been identified or ought to have been discovered. This is usually encountered in cases involving concealed conditions, like asbestos exposure or medical malpractice claims.

A minor may also be granted an extra year to file a lawsuit even although the statute would usually expire before turning 19. Then there is the "tolling" provision, which suspends the statute of limitations for certain situations or events like military service or involuntary mental health commitments. The statute of limitation can be extended in the event of fraudulent misrepresentation or willful concealment.

Damages

Damages are compensation paid to the victim of an offense (wrongful act). There are two kinds of damages: compensatory and punitive. Compensatory damages compensate plaintiffs for their losses and aim to help them recover after an accident, whereas punitive damages punish a defendant for fraud, a malicious act that caused harm or reckless negligence.

The amount of damage is highly subjective and is based on the specific facts of each case. A personal injury lawyer who has experience can help you document your entire loss. This increases your chances of obtaining the maximum amount of compensation possible. Your lawyer can call expert witnesses to describe the severity of your suffering or to back up your claim for emotional distress.

In order to maximize compensation, you need to take care in the documentation of your current and future economic losses. Your lawyer will help you keep a detailed record of your financial losses and expenses incurred as well as the value of your future income loss. Experts are often required to estimate the value of your claim based on the permanent impairment or disability caused by your injury attorneys.

If the defendant does not have enough insurance coverage to pay your claims, you may pursue a civil judgment against them personally. This can be a challenge unless the defendant is a large corporation or has multiple assets.

Statute of Repose

While statutes of limitations and statutes of repose both restrict the time a plaintiff can have to file an injury claim, there are some notable differences between the two. Statutes are procedural, forward-looking, and substantive.

In short the simplest terms, a statute of repose is a law that establishes the deadline by which legal actions are barredwithout the same exceptions as a statute of limitations. A statute of repose is usually applied to cases involving defective construction, products liability suits and medical malpractice claims.

The biggest difference is that whereas the statute of limitations typically runs when the plaintiff is hurt or becomes aware of their loss, a statute of repose generally begins to run when an event triggers it. This can be a problem in cases involving product liability. It could take years before a plaintiff purchases and uses a product and the company becomes aware of any defects.

Due to these differences, it's important for injured victims to speak with a personal injury law firm attorney near them before the applicable statutes of limitation and statutes of repose run out. Michael Ksiazek is a partner at the firm of Stark & Stark's Yardley, PA office and is a specialist in Accident & Personal Injury Law. Contact him for a free consultation.

Duty of Care

A duty of care is a duty one owes to others to exercise reasonable care when doing something that may cause harm in the future. If someone fails to comply with a duty and suffers injury as a result, this is deemed to be negligence. There are many situations where a person company is bound by a duty of care to the public. This includes doctors and accountants preparing taxes and store owners removing snow and ice off sidewalks to prevent people from falling and injuring themselves.

To successfully claim damages in a case of tort it is necessary to prove that the party who injured you was bound by the duty of care, and that they breached their duty of care, and that their breach was the sole and primary reason for your injury. The standard of care is typically determined by what other professionals do 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 similar circumstances would most likely have read the patient's medical chart correctly.

It is also important to note that the standard of care cannot be so high that it will limit liability to all parties. In jury trials, as well as in bench trials the balance is evaluated by juries as well as judges.