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What Makes Injury Legal?

The term "injury legal" is used to define the harm or loss that a person suffers due to an other person's negligent or illegal actions. It is a part of tort law.

The most obvious form of injuries is the bodily that includes things like whiplash, concussion, and broken bones. It is important to seek medical attention for these injuries.

Statute of Limitations

The law sets a deadline known as the statute of limitations, within which an injured person can bring a lawsuit. If you don't comply with the statute of limitations, your claim will be "time-barred" and you will not be able to get compensation for your losses. The details of the statute of limitations can differ from state to state, and each kind of claim has its own particular time frame as well.

The statute of limitations "clock" typically starts ticking at the point that the accident or incident causing injury occurs. However, there are many exceptions that could extend the time required to file lawsuits. The discovery rule is one 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 usually seen in cases where injuries are concealed, like asbestos or injuries certain medical malpractice claims.

Another exemption is for minors who have a year after their 18th birthday to initiate litigation even though the statute of limitations usually runs before they reach age 19. There is also the "tolling" provision, which extends the limitation period for certain circumstances including military service and involuntary mental hospitalization. Then, there's the statute of limitations extension for willful concealment or fraudulent deception.

Damages

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

The amount of damages awarded is highly subjective and based on the particular facts of each case. An experienced personal injury attorney can assist you in determining the full extent of your losses. This increases your chances of receiving the highest amount of compensation that is possible. Your lawyer can call experts to provide evidence of the extent of your pain and suffering or to support your claim for emotional distress.

To receive the highest amount of compensation, you must document your losses now and in the future. Your lawyer will help you keep a detailed record of your costs and financial losses you incur in addition to the value of the future loss of income. Experts are often required to calculate estimates based upon the permanent impairment or disability of your injury.

If the defendant does not have enough insurance coverage to pay your claims, you may seek a civil judgment against them personally. This can be extremely difficult unless the defendant is a large asset or is a business with multiple assets.

Statute of Repose

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

In a nutshell the simplest terms, a statute of repose is a law that imposes an exact deadline for when legal actions are barred -without the same exceptions as the statute of limitations. It is common for statutes of repose to be applied to construction defect cases, product liability lawsuits as well as medical malpractice claims.

The most significant distinction is that a statute of limitations typically is in effect when the plaintiff suffers harm or discovers their loss the statute of repose typically begins running when an event triggers it. This can be a problem in cases involving product liability for instance, as it could take a long time for a plaintiff to purchase and use a particular product before the company is aware of any flaws.

Due to these distinctions, it's important for victims of injuries to speak with a personal injury attorney near them prior to when the applicable statutes of limitations and statutes of repose run out. Michael Ksiazek is a partner at Stark & Stark's Yardley, PA office and concentrates on Accident & Personal Injury Law. Contact him now for an initial consultation for no cost.

Duty of Care

A duty of care is the obligation that individuals owe to other people to exercise a reasonable amount of caution when performing actions that could result in harm. It is typically regarded as negligent when a person fails to fulfill their duty of care, and someone is injured due to the negligence. A person or company has an obligation of care towards the public in many instances. This includes doctors preparing tax returns, accountants who prepare tax returns, and store owners clearing snow off the sidewalks so that people don't fall and hurt themselves.

To successfully seek damages in a tort case, you will need to show that the person who injured you owed you a duty of care, that they breached their duty of care, and that their negligence was the sole and primary cause of your injuries. The standard of care is usually determined by what other doctors would do in similar circumstances. If a surgeon is performing surgery in the wrong leg this could be considered an infraction of duty because other surgeons would read the chart correctly under similar circumstances.

It is also important to remember that the standard of care can't be high enough to impose unlimited liability on all parties. In jury trials, as well as in bench trials the balance is examined by both juries and judges.