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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 is a part of the tort law.

The most obvious type of injury is one that's bodily that includes things like whiplash, concussion, and broken bones. It is essential to seek medical assistance for these injuries.

Statute of Limitations

The law provides an amount of time, referred to as the statute of limitations within which an injured person has the option of filing a lawsuit. Failing to do so will result in the claim being "time barred" and the person who was injured is not able to receive compensation for their losses. The time period for the statute of limitations differs from state to state and also depending on the type of claim.

The "clock" of the statute of limitations usually begins to tick when the incident or accident that caused the injury occurs. There are some exceptions to the rule that could prolong the time required 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 ought to have been discovered. This is typically seen when conditions are concealed, such as asbestos or certain medical malpractice claims.

Another exception is for minors, who have a year after their 18th birthday to initiate lawsuits, even when the statute of limitations typically runs before they reach the age of 19. There is also the "tolling" provision which extends the limitation period for certain circumstances like military service or involuntary mental hospitalization. Finally, there is the extension of the statute of limitations for willful concealment or misrepresentation.

Damages

Damages are a form of compensation given to the victim of an offense (wrongful act). There are two types of damages: compensatory and punitive. Compensatory damages are meant to compensate plaintiffs for their losses, and are intended to help them recover after an injury, while punitive damages punish the defendant for fraud, a wrongful act that caused harm, or reckless negligence.

The amount of damages awarded is dependent and based on the specific circumstances of each case. A personal injury lawyer who has experience can help you document your entire loss. This will increase your chances of receiving the highest amount of compensation that is possible. Your lawyer could call in 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 present and future economic losses. Your attorney will help you keep a detailed record of all expenses and financial loss incurred and the value of the future loss of income. Experts are often needed to determine estimates based on the permanent impairment or disability caused by your injury.

If the defendant does not have enough insurance coverage to cover your claims, you are able to pursue a civil judgment against them personally. This isn't always easy unless the defendant is a large corporation or has multiple assets.

Statute of Repose

There are some distinctions between statutes of limitation and statutes de repose. Both restrict the time a plaintiff can make a claim for injury however, there are some similarities. Statutes of limitation are procedural and forward-looking statutes of repose are substantive and forward-looking.

In short the simplest terms, a statute of repose is a law that sets an absolute deadline within which legal actions are barredwithout the same exceptions as the statute of limitations. A statute of repose is often used in lawsuits involving construction defects, products liability suits and medical malpractice claims.

The biggest difference is that, while the statute of limitations typically begins to run when the plaintiff suffers injury or is aware of their loss the statute of repose typically begins to run when an incident triggers it. This can be a problem in cases involving product liability. It could take years before a plaintiff buys and utilizes a product and the company becomes aware of any flaws.

Due to these differences, it's important that victims of injury consult with a personal injury lawyer near them before the applicable statutes of limitation and repose statutes 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 now for no-cost consultation.

Duty of Care

A duty of care is a duty one owes to others to exercise reasonable caution when performing a task that could cause harm in the future. It is usually regarded as negligence when someone fails to meet their duty of care and someone is injured due to the negligence. There are many situations in which a person or company owes a duty of care to the public, such as accountants and doctors who prepare taxes and store owners removing snow and ice off sidewalks to prevent people from falling and injuring themselves.

To be able to claim damages in a case of negligence, you must prove that the party who injured you was obligations to you and acted in breach of this duty duty and that their negligence caused your injury. The standard of care is generally established by what other professionals would do under similar circumstances. For example when a doctor performs surgery on the wrong leg, it may be deemed a breach of obligation because other surgeons in similar circumstances would most likely have read the patient's medical chart correctly.

It is important to remember that the standard of care can't be so high that it will impose unlimited liability on all parties. In jury trials, and in bench trials the balance is assessed by juries and judges.