What Makes Injury Legal?
Legal injury is a term used to describe the loss or harm that an individual suffers due to an individual's negligent or unlawful actions. It falls under the umbrella of tort law.
The most obvious accident is a bodily affliction that includes concussions, whiplash, broken bones, and concussions. It is crucial to seek medical help for these injuries.
Statute of limitations
The law provides an amount of time, referred to as the statute of limitations that an injured person can file a lawsuit. If you fail to meet the deadline with the statute of limitations, your claim will be "time-barred" and you won't be able to recover compensation for your losses. The details of the statute of limitations vary from state to state,
injuries and each kind of claim has its own particular time frame as well.
The statute of limitations "clock" typically starts ticking at the time that the accident or incident that led to injury occurs. However, there are many exceptions that may extend the time needed to file an action. The discovery rule is a prime exception. It states that the clock of the statute of limitations will not begin until the
injury lawsuits has been discovered or should have reasonably been discovered. This is usually seen in cases involving hidden circumstances, such as asbestos exposure or medical malpractice claims.
Another exemption is for minors who have a year following their 18th birthday when they can initiate litigation even though the statute of limitations typically runs before they reach the age of 19. There is also the "tolling" provision, which suspends the statute of limitations for certain events or circumstances such as military service or involuntary mental health obligations. The statute of limitation can be extended in the event of fraudulent misrepresentation or intentional concealment.
Damages
Damages are the compensation paid to the victim of the tort (wrongful act). There are two types of damages - punitive and compensatory. Compensatory damages pay plaintiffs back their losses, and are intended to make them whole again after an injury, while punitive damages penalize the defendant for fraud, a devious act that caused harm or reckless negligence.
The amount of damages awarded is dependent and based on the unique facts of each case. An experienced personal injury attorney can assist you in determining the full extent of your losses. This increases your odds of receiving the maximum amount possible. For example your lawyer could use expert witnesses to testify on the extent of your pain and suffering or a psychological or psychiatric expert witness to back up 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 help you keep meticulous records of the costs and financial losses you incur and the value of your future income loss. Experts are often required to estimate the value of your claim based on the permanent impairment or disability that results from 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 major corporation or has multiple assets.
Statute of Repose
There are some differences between statutes of limitation and statutes de repose. Both limit the time a plaintiff is able to bring a claim for injury, but there are also some resemblances. Statutes of limitations are a procedural and forward-looking law, whereas statutes of repose are substantive and backward-looking.
A statute of repose, or in other words it is a law that sets a deadline when legal action can be prohibited - with the same exceptions as a statute or limitations would provide. It's common for a statute of repose to apply to construction defect cases, product liability lawsuits and medical malpractice claims.
The main distinction is that the statute of limitations typically is in effect when the plaintiff suffers harm or discovers their loss however, a statute of repose typically begins running when an event triggers it. This can be a problem in product liability cases. It could take a long time before a plaintiff purchases and uses a product and the company becomes aware of any flaws.
Due to these differences and the fact that there are a variety of different laws, it is important for victims of
injuries to speak with a personal injury attorney close to them before the applicable statutes of limitations and repose statutes expire. Michael Ksiazek is a partner at the firm of Stark & Stark's Yardley, PA office and concentrates on Accident & Personal Injury Law. Contact him today to arrange no-cost consultation.
Duty of Care
A duty of care is an obligation that a person owes others to exercise reasonable caution when doing something that may be expected to cause harm. It is generally considered negligence when someone fails to fulfill their duty of care and a person is injured due to the negligence. A person or company has a duty of caring to the public in a variety of situations. This includes doctors preparing tax returns, accountants who prepare tax returns, and store owners clearing snow from sidewalks to ensure people don't slip and harm themselves.
To be able to claim damages in a tort claim, you will need to establish that the party that injured you was owed an obligation of care, that they breached their duty of care, and that their negligence was the primary and most direct reason for your injury. The standard of care is typically determined by what other doctors would do in similar situations. For instance the case where a physician performs surgery on the wrong leg, it may be considered a breach in duty because other surgeons working in the same circumstances would likely examine the patient's chart in a correct manner.
It is also important to note that the standard of care cannot be so high as to make it impossible to impose liability on all parties. In jury trials, and in bench trials, the balance is carefully examined by both juries and judges.