What Makes Injury Legal?
The term"injury" legal is used to describe the harm, loss or damage that an individual suffers as a result of another's negligence or wrongful actions. It falls under tort law.
The most obvious accident is a bodily affliction, which includes concussions, whiplash, and fractured bones. It is imperative to seek medical attention for these
injuries.
Statute of Limitations
The law sets a deadline known as the statute of limitations, within which a person injured can file a lawsuit. In the event of a delay, it will result in the claim being "time barred" and the victim will not be able get compensation for their losses. The particulars of the statute of limitations differ from state to state, and each type of claim has its own particular time frame.
The "clock" of the statute of limitations usually starts ticking when the accident or incident that caused the injury occurs. However, there are many exceptions that may extend the time to file lawsuits. The discovery rule is one exception. It states that the clock of the statute of limitations is not set until the injury has been identified or ought to have been discovered. This is typically found in cases involving hidden conditions, like asbestos exposure 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. Then there is the "tolling" provision that suspends the statute of limitations in certain circumstances, such as military service, or involuntary mental health obligations. The statute of limitations may be extended in the event of fraudulent misrepresentation or intentional concealment.
Damages
Damages are a form of compensation that is given to the victim after the commission of a wrongdoing or a tort. There are two types of damages: compensatory and punitive. Compensatory damages are meant to compensate plaintiffs for their losses and aim to make them whole again after an
injury lawyers, while punitive damages penalize the defendant for fraud, an ill-intentional act that caused harm, or gross negligence.
The amount of damages is highly subjective, and based on the specific facts of each case. A seasoned personal injury lawyer will assist you in documenting the extent of your losses. This will increase your odds of receiving the highest amount of compensation that you are able to. 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 bolster your claim for emotional distress.
To receive the most amount of compensation, you should carefully record your current and future losses. Your lawyer will assist you in keeping detailed documents of the expenses and financial losses incurred,
injuries and will also calculate the value of any future loss of income. This can be complicated and often requires calculating estimates based on the permanent impairment caused by your injury or disability and requires the assistance of experts.
If the defendant doesn't have enough insurance to cover your claims, you might be able to pursue an injunction against them. This can be a challenge unless the defendant is a major company or has multiple assets.
Statute of Repose
There are some distinctions between statutes of limitation and statutes of repose. Both limit the amount of time a plaintiff is able to make a claim for injury however there are some resemblances. Statutes of limitations are a procedural and forward-looking law while statutes of repose are substantive, and look backwards.
In simple terms it's a simple definition: a statute of repose is a law that establishes an absolute deadline within which legal actions are barred- without the same exceptions as the statute of limitations. It is typical for a statute of repose to be applied to cases involving construction defects, products liability lawsuits, and medical malpractice claims.
The most notable distinction is that the statute of limitations usually begins to run when the plaintiff is injured or learns of their loss the statute of repose usually begins to run when an incident triggers it. This is a concern in product liability cases. It can take years before a plaintiff purchases and uses a product, and the company becomes aware of any flaws.
Due to these distinctions in the law, it is essential that injury victims consult with an attorney before the applicable statutes expire. Michael Ksiazek is a partner at the Stark & Stern's Yardley, PA office and focuses on Accident and Personal Injury Law. Contact him now for free consultation.
Duty of Care
A duty of care is an obligation that a person owes others to exercise reasonable care in doing anything that could foreseeably cause harm. It is usually regarded as negligence when a person fails to perform their duty of care and a person is injured as a result. There are a myriad of circumstances where a person or company is bound by a duty of care to the public, including doctors and accountants preparing taxes and store owners removing snow and ice from the sidewalks to prevent people from falling and injuring themselves.
To successfully seek damages in a case of tort you will need to show that the person who injured you was owed a duty of care, and that they breached their duty of care, and that their negligence was the direct and proximate cause of your injuries. The standard of care is usually determined by what other professionals do in similar circumstances. For example the case where a physician performs surgery on the wrong leg,
injuries it could be deemed a breach of duty since other surgeons operating in the same circumstances would likely be able to read the patient's record correctly.
It is important to remember that the standard of care can't be so high that it could limit liability to all parties. It is a balance that is carefully scrutinized by juries in jury trials, as well as judges in bench trials.