What Makes Injury Legal?
Injury legal is a term used to define the harm or loss that a person suffers as a result of an other person's negligent or illegal actions. It falls under tort law.
The most obvious type of injuries is the bodily which includes things such as whiplash, concussion, and
injuries broken bones. It is imperative to seek medical attention for these injuries.
Statute of limitations
The law imposes an amount of time, referred to as the statute of limitations within which an injured person can file a lawsuit. In the event of a delay, it will result in the claim being "time barred" and the victim cannot get compensation for their losses. The particulars of the statute of limitations vary from state to state and each type of instance has its own distinct time frame as well.
The "clock" of the statute of limitations usually begins to tick when the incident or accident that caused the
injury lawyer occurs. There are some exceptions to the rule that can delay the filing of a lawsuit. The discovery rule is an exception. It states that the statute-of-limits clock will not begin until the injury has been identified or ought to have been discovered. This is seen most often in cases where injuries are concealed, such as asbestos or certain medical malpractice claims.
Another exception is for minors who have a year from their 18th birthday to initiate litigation, even when the statute of limitations will normally expire before they reach age 19. There is also the "tolling" provision, which extends the limitation period for certain circumstances and events such as military service or involuntary mental hospitalization. Finally, there is the statute of limitations extension for fraud or willful misrepresentation.
Damages
Damages are a form of compensation that is given to the victim in the aftermath of an act of wrongdoing or tort. There are two main types of damages: compensatory and punitive. Compensatory damages compensate plaintiffs for their losses and aim to restore them after an injury, while punitive damages are intended to punish the defendant for fraud, a malicious act that caused harm or gross negligence.
The amount of damages is highly subjective and is based on the particular facts of each case. An experienced personal injury attorney can assist you in documenting the complete extent of your losses. This increases your chances of obtaining the largest amount possible. For example your lawyer could employ experts as witnesses to prove the extent of your pain and
injuries suffering or a psychologist or psychiatrist expert witness to back up your emotional distress claim.
To receive the maximum amount of compensation, you need to have thorough documentation of your current and future economic losses. Your attorney will assist you in keeping detailed notes of your expenses and financial losses incurred and will also calculate the value of future lost income. This can be quite complicated and often requires calculating estimates based on the permanent impairment caused by your injury or disability that requires the help of experts.
If the defendant is not covered by insurance coverage to cover your claims, you can pursue a civil judgment against them personally. 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 bring a claim for injury however, there are some resemblances. Statutes are procedural, forward-looking, and substantive.
In essence it's a simple definition: a statute of repose is a law which sets the deadline by which legal actions are barred -without the same exceptions as the statute of limitations. It is typical for a statute of repose to apply to construction defect cases, product liability lawsuits, as well as medical malpractice claims.
The most significant difference is that, while the statute of limitations usually runs when the plaintiff is injured or learns of their loss the statute of repose usually begins to run when an event triggers it. This could be a problem in product liability cases. It could take several years before a plaintiff purchases and utilizes a product and the company becomes 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 limitation and statutes of repose expire. Michael Ksiazek, a partner in Stark & Stark’s Yardley office, focuses on Accident & Injury Law. Contact him to arrange a no-obligation consultation.
Duty of Care
A duty of care is a duty that a person owes others to exercise reasonable caution when doing something that may foreseeably cause harm. If someone fails to perform a duty of care and a person is injured because of it, this is considered to be negligence. There are a variety of situations where a person or company is bound by a duty of care to the public, such as accountants and doctors preparing tax returns and store owners removing snow and ice off sidewalks to stop people from falling and causing
injury to themselves.
To successfully seek damages in a tort lawsuit it is necessary to establish that the party that injured you owed you a duty of care, and that they violated their duty of care, and that their negligence was the sole and primary cause of your injuries. The quality of care is typically determined by what other professionals perform in similar situations. For instance when a doctor performs surgery on the wrong leg, it may be considered to be a breach of duty because other surgeons working in similar circumstances will likely have read the patient's medical chart correctly.
It is also important to keep in mind that the standard of care must not be high enough to limit liability to all parties. It is a balance which is carefully scrutinized by juries in jury trials as well as judges in bench trials.