What Makes
injury attorneys Legal?
The term"injury legal" can be used to describe the harm or loss an individual suffers as a result of a negligent act or wrongful actions. It is a part of the tort law.
The most obvious accident is a bodily affliction that can result in concussions whiplash, and fractured bones. These injuries should be treated by an expert medical professional.
Statute of Limitations
The law sets a timeframe, called the statute of limitations within which an injured party can bring a lawsuit. If you don't comply with the law, your claim will be "time-barred" and you won't be able to obtain compensation for your losses. The particulars of the statute of limitation vary from state to state and each kind of case has its own specific time frame, as well.
The "clock" of the statute of limitations typically begins to tick once the incident or accident that caused the injury occurs. There are a few exceptions to the rule that could extend the time to file a lawsuit. One such exception is known as the discovery rule which states that the clock for the statute of limitations is not set until the injury is discovered or reasonably could have been discovered. This is most commonly seen in cases where injuries are concealed, like asbestos or certain medical malpractice claims.
A minor may also be granted an extra year to file a lawsuit even although the statute would usually expire before the age of 19. There is also the "tolling" provision which suspends the limitations period in certain circumstances such as military service and involuntary mental hospitalization. Finally, there is the extension of the statute of limitations for willful concealment or fraudulent falsification.
Damages
Damages are a form of compensation given to the victim of an act of tort (wrongful act). There are two types of damages: punitive and compensatory. Compensatory damages are meant to compensate plaintiffs and restore them to their fullness after an injury. Punitive damages are intended to penalize defendants for fraud, malicious actions that caused harm or gross negligence.
The amount of damages awarded is highly dependent and based on the unique circumstances of each case. A seasoned personal injury lawyer can assist you in documenting the full extent of your losses. This will increase your chance of obtaining the largest amount possible. For example, your lawyer may use expert witnesses to testify on the severity of your pain and suffering as well as a psychological or psychiatric expert witness to support your claim for emotional distress.
Obtaining maximum compensation requires careful documentation of your current and future economic losses. Your attorney will assist you in keeping detailed records of the expenses and financial losses incurred and will also calculate the value of your future loss of income. This can be a bit complicated and often involves the calculation of estimates based upon the severity of your injury and its permanent disability which requires the assistance of experts.
If the defendant does not have enough insurance to cover your claims, you might be able to seek a civil judgement against them. However, this could be very difficult unless the defendant has substantial assets or is a corporation with multiple assets.
Statute of Repose
There are some differences between statutes of limitation and statutes de repose. Both limit the amount of time a plaintiff is able to bring a claim for injury however, there are some resemblances. Statutes are procedural, forward-looking and substantive.
In essence the simplest terms, a statute of repose is a law which sets an exact deadline for when legal actions are barred- without the same exceptions as the statute of limitations. A statute of repose can be used in cases involving defective construction, products liability suits and medical malpractice claims.
The main difference is that a statute starts to run following an event, while a statue of limitations usually begins when a plaintiff finds or suffers a loss. This could be a problem in cases involving product liability for instance, since it can take a long time for the plaintiff to purchase and use a product prior to the company might have been aware of any defects.
Due to these distinctions and the fact that there are a variety of different laws, it is important that victims of injury consult with a personal injury lawyer close to them before the applicable statutes of limitations and statutes of repose expire. Michael Ksiazek, a partner in the Stark & Stark's Yardley office, focuses on Accident & Injury Law. Contact him now for free consultation.
Duty of Care
A duty of care is the obligation people owe others to use reasonable caution when performing actions that could lead to harm. It is generally considered negligence when a person fails comply with their obligation of care, and someone is injured as a result. There are a myriad of circumstances where a person or business is responsible for providing care to the public. This includes accountants and doctors who prepare taxes and store owners cleaning snow and
injuries ice from the sidewalks to prevent people from falling and injuring themselves.
To successfully seek damages in a tort lawsuit you will need to prove that the party who injured you was owed the duty of care, and that they violated that duty of care and that their breach was the primary and most direct cause of your
injuries. The standard of care is typically determined by what other doctors would do in similar situations. For example when a doctor performs surgery on the wrong leg, it may be deemed a breach of duty because other surgeons under similar circumstances will likely examine the patient's chart in a correct manner.
It is important to remember that the standard of care cannot be so high as to limit liability to all parties. In jury trials, and in bench trials, the balance is carefully scrutinized by juries as well as judges.