What Makes Injury Legal?

Legal injury is a term used to define the harm or loss that a person suffers 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 lawsuit is one that's bodily which includes things such as whiplash, concussion and broken bones. These injuries must be treated by an experienced medical professional.

Statute of limitations

The law imposes an amount of time, referred to as the statute of limitations in which an injured party can file an action. Failing to do so 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 injured each kind of instance has its own distinct time frame.

The statute of limitations "clock" typically starts ticking at the time the accident or incident that resulted in injury occurs. There are some exceptions to the standard that may extend the time for filing a lawsuit. One of these exceptions is known as the discovery rule, which states that the clock of statute of limitations doesn't begin until the injury is discovered or reasonably could have been discovered. This is seen most often in situations where the cause is concealed, such as asbestos or certain medical malpractice claims.

Another exemption is for minors who have a year from their 18th birthday to begin litigation even when the statute of limitations usually runs before they reach age 19. Then there is the "tolling" provision that suspends the statute of limitation during certain events or circumstances such as military service, or involuntary mental health commitments. The statute of limitations may be extended for fraudulent misrepresentation or willful concealment.

Damages

Damages are the amount of compensation that is paid to the victim of a tort (wrongful act). There are two kinds of damages - compensatory and punitive. Compensatory damages are intended to compensate the plaintiffs and to make them whole after an injury. Punitive damages are meant to punish defendants for injured fraudulent acts, devious actions that cause harm, or gross negligence.

The amount of damages is highly subjective and is based on the unique circumstances of each individual case. A personal injury lawyer with experience can assist you with logging your losses in full. This will increase your chances of receiving the highest amount of compensation possible. Your lawyer might call in experts to testify about the extent 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 assist you keep a detailed record of all financial losses and expenses incurred as well as the value of the future loss of income. This can be a bit complicated and often requires calculating estimates based on your injury's permanent impairment or disability, which requires the assistance of experts.

If the defendant has insufficient insurance coverage to pay your claims, you are able to seek a civil judgment against them personally. This can be a challenge unless the defendant is a major company or has multiple assets.

Statute of Repose

There are some differences between statutes of limitation and statutes de repose. Both limit the time a plaintiff is able to file a claim claiming injury, but there are also some commonalities. Statutes of limitation are procedural and forward-looking and forward-looking, while statutes of repose are substantive and backward-looking.

In a nutshell, a statute of repose is a law that sets an exact deadline for when legal actions are barred -with the same exceptions as a statute of limitation. It is typical for a statute of repose to be applied to construction defect cases, product liability lawsuits, as well as medical malpractice claims.

The biggest difference is that while the statute of limitations generally runs when the plaintiff is injured or learns of their loss, a statute of repose typically begins running when an event triggers it. This can be a problem in product liability cases. It could take a long time before a plaintiff purchases and uses a product, and the company is aware of any issues.

Due to these distinctions due to these differences, it is crucial for injured victims to speak with a personal injury lawyer near them prior to when the applicable statutes of limitation and repose statutes run out. Michael Ksiazek is a partner at Stark and Stark's Yardley, PA office and is focused on Accident and Personal Injury Law. Contact him now for 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 be expected to cause harm. It is typically regarded as negligent when a person fails fulfill their duty of care and someone gets injured in the process. A person or company has an obligation of care towards the public in many situations. This includes doctors who are preparing tax returns, accountants preparing tax returns and store owners removing snow from sidewalks to ensure people don't fall and hurt themselves.

In order to successfully claim damages in a case of tort it is necessary to establish that the party that injured you had a duty of care, and that they breached their duty of care and that their breach was the direct and proximate cause of your injury. The quality of care is typically determined by what other experts perform in similar situations. If a surgeon is performing surgery in the wrong limb this could be considered an infraction of duty since other surgeons would have be able to read the chart correctly in similar circumstances.

It is important to keep in mind, too, that the standard of care must not be excessive that it creates the same liability to all parties. In jury trials, and in bench trials the balance is scrutinized by juries as well as judges.