What Makes Injury Legal?

Legal injury is a term used to define the harm or loss that an individual suffers as a result of an other person's negligent or illegal actions. It falls under the umbrella of tort law.

The most obvious injury is a bodily injury lawyer which can include concussions whiplash, and fractured bones. These injuries should be treated by an expert medical professional.

Statute of limitations

The law sets a deadline, injury called the statute of limitations, within which an injured person can make a claim. In the event of a delay, it will result in the claim being "time barred" and injury the person who was injured is not able to recover compensation for their losses. The statute of limitations varies from state to state, and also by type of case.

The statute of limitations "clock" generally begins to tick at the time the accident or incident that led to injury occurs. However, there are some exceptions that can extend the time to file a lawsuit. The discovery rule is one such exception. It states that the statute-of-limits clock does not start until the injury has been identified or ought to have been discovered. This is seen most often in cases where conditions are concealed, like asbestos or certain medical malpractice claims.

A minor can also be granted an extra year to file a lawsuit even although the statute would usually expire prior to turning 19. There is also the "tolling" provision which suspends the limitations period during certain circumstances like military service or involuntary mental hospitalization. The statute of limitations can be extended for fraudulent misrepresentation or willful concealment.

Damages

Damages are compensation paid to the victim of the tort (wrongful act). There are two kinds of damages: compensatory and punitive. Compensation damages are designed to compensate the plaintiffs and restore them to their fullness after an injury. Punitive damages are designed to penalize defendants for fraud, malicious acts that caused harm, or for gross negligence.

The amount of damages you are able to claim is highly subjective, and is based on the specific facts of each case. A seasoned personal injury lawyer can assist you in documenting the complete extent of your losses. This will increase your chances of receiving the highest amount of compensation you can get. For instance the lawyer might use experts to testify on the severity of your pain and suffering as well as a psychologist or psychiatrist expert witness to bolster your emotional distress claim.

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 meticulous records of the costs and financial losses you incur as well as the amount of your lost income in the future. This can be complicated and often involves the calculation of estimates based upon the permanent impairment caused by your injury or disability which requires the assistance of experts.

If the defendant doesn't have sufficient insurance to cover your claims, then you might be able to obtain a civil lawsuit against them. This isn't always easy unless the defendant is a major corporation or has multiple assets.

Statute of Repose

There are some differences between statutes of limitation and statutes de repose. Both limit the amount of time the plaintiff has to file a claim for injury, but there are also certain similarities. Statutes of limitation are procedural and forward-looking statutes of repose are substantive and backward-looking.

A statute of repose, as it's known, is a law which specifies a timeframe that must be met before legal action is closed - without the exceptions that a statute or limitations. A statute of repose is usually used in lawsuits involving construction defects, products liability suits, and medical malpractice claims.

The major difference is that a statute begins to run after an event, whereas the statute of limitations usually begins when the plaintiff notices or suffers losses. This could be a problem in product liability cases for instance, since it can take a long time for a plaintiff to purchase and use a product prior to the company is aware of any flaws.

Because of these differences, it is important that victims of injury consult an attorney before the applicable statutes expire. Michael Ksiazek, a partner at Stark and Stark's Yardley office, focuses on Accident & Injury Law. Contact him today to arrange an initial consultation for no cost.

Duty of Care

A duty of care is a duty that a person owes others to exercise reasonable care when doing something that may cause harm in the future. If someone fails to perform a duty of care and suffers injury as a result, this is considered negligence. A company or person has an obligation to care for the public in many situations. This includes doctors who prepare tax returns, accountants making tax returns, and store owners clearing snow off the sidewalks so that people don't fall and harm themselves.

In order to successfully claim damages in a tort claim, you will need to show that the person who injured you had the duty of care, and that they breached their duty of care and that their negligence was the direct and proximate reason for your injury. The level of care required is usually determined by what other experts perform in similar situations. If a surgeon is performing surgery in the wrong place, this may be considered unprofessional conduct, because other surgeons would take the correct chart under similar circumstances.

It is also important to note that the standard of care should not be high enough to impose unlimited liability on all parties. This balance is vetted by juries in jury trials as well as judges in bench trials.