What Makes Injury Legal?

Injury legal is a term used to define the harm or loss suffered by an individual as a result of another party's negligent or wrongful actions. It falls under the tort law.

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

Statute of Limitations

The law establishes an expiration date, known as the statute of limitations within which an injured person is able to file a lawsuit. If you fail to comply with the statute of limitations, your claim will be "time-barred" and you won't be able recover compensation for your losses. The specifics of the statute of limitations can differ from state to state and each type of case has its own time frame.

The statute of limitations "clock" generally begins to tick at the time the accident or incident that led to injury lawsuits occurs. However, there are a few exceptions that could extend the time required to file lawsuits. One of these exceptions is known as the discovery rule which states that the statute of limitations clock cannot begin until the injury is discovered or should have been discovered. This is most commonly observed in cases that involve hidden circumstances, such as asbestos exposure or medical malpractice claims.

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

Damages

Damages are compensation paid to the victim of a tort (wrongful act). There are two types of damages: punitive and compensatory. Compensation damages compensate plaintiffs for their losses and aim to make them whole again after an injury, while punitive damages punish a defendant for fraud, a malicious act that caused harm, or gross negligence.

The amount of damages awarded is subjective and is based on the unique circumstances of each case. A personal injury lawyer with years of experience can help you document your full losses. This increases your odds of obtaining the most money possible. For example your lawyer could employ expert witnesses to testify on the severity of your pain and suffering and psychologist or psychiatrist expert witness to bolster your claim for emotional distress.

To get the maximum amount of compensation, you must have careful documentation of your present and future economic losses. Your lawyer will assist in keeping detailed records of the expenses and financial losses incurred and also calculating the value of future lost income. This can be complicated and often requires the calculation of estimates based upon your injury's permanent impairment or disability, which requires the assistance of experts.

If the defendant is not covered by insurance coverage to cover your claims, you are able to pursue a civil judgment against them personally. But, this is difficult if the defendant has a substantial amount of assets or is a corporation with multiple assets.

Statute of Repose

There are some distinctions between statutes of limitation and statutes of repose. Both limit the time a plaintiff can make a claim for injury however there are some resemblances. Statutes of limitations are a procedural and forward-looking law while statutes of repose are substantive and backward-looking.

A statute of repose, also known as a statute it's a law that establishes a time frame after which legal action is prohibited - with the same limitations that a statute limitations have. It is common for statutes of repose to be applied to construction defect cases, products liability lawsuits and medical malpractice claims.

The biggest difference is that, while a statute of limitations typically begins to run when the plaintiff suffers harm or discovers their loss, a statute of repose typically begins to run when an event triggers it. This could be a problem in product liability cases for instance, because it can take a long time for a plaintiff to purchase and use a particular product before the company might have been aware of any flaws.

Due to these differences It is essential for victims of injuries to speak with a personal injury attorney close to them before the applicable statutes of limitation and statutes of repose expire. Michael Ksiazek is a partner at Stark & Stark's Yardley, PA office and is a specialist in Accident & Personal Injury Law. Contact him now for a free consultation.

Duty of Care

A duty of care is the obligation individuals owe to others to exercise reasonable caution when doing something which could cause harm. It is usually regarded as negligence when a person fails meet their duty of care and someone is injured in the process. A business or individual has a duty of caring to the public in a variety of situations. This includes doctors preparing tax returns, accountants making tax returns and store owners removing snow from sidewalks to ensure people don't get hurt themselves.

In order to successfully claim damages in a tort case, you will need to establish that the party that injured you was bound by a duty of care, that they violated their duty of care and that their breach was the primary and direct reason for your injury. The quality of care is typically determined by what other experts do in similar circumstances. For example, if a doctor performs surgery on the wrong leg, it may be considered a breach in duty since other surgeons operating in similar circumstances could read the patient's chart correctly.

It is crucial to remember, too, that the standard of care should not be excessive that it creates no limit on liability for all parties. In jury trials, as well as in bench trials, the balance is carefully scrutinized by juries as well as judges.