What Makes Injury
Legal?
Injury legal is a term used to define the harm or loss suffered by an individual as a result of an individual's negligent or unlawful actions. It is a part of the tort law.
The most obvious type of injuries is the bodily which includes things such as whiplash, concussion and broken bones. It is crucial to seek medical help for these injuries.
Statute of limitations
The law imposes an expiration date, known as the statute of limitations, within which an injured person is able to file an action. Failing to do so will result in the claim being "time barred" and the person who was injured cannot get compensation for their losses. The statute of limitations varies from state to state and according to the type of case.
The "clock" of the statute of limitations typically starts to tick when an incident or accident that caused the injury occurs. However, there are some exceptions that could prolong the time for filing a lawsuit. The discovery rule is one such exception. It states that the clock of the statute of limitations will not begin until the injury has been identified or should have reasonably been discovered. This is usually seen in cases where conditions are concealed, such as asbestos or certain medical malpractice claims.
Another exception is for minors, who have a year after the age of 18 to start lawsuits, even while the statute of limitation will normally expire before they reach age 19. There is also the "tolling" provision which allows the limitations period to be suspended during certain circumstances including military service and involuntary mental hospitalization. In addition, there is the statute of limitations extension for willful concealment or misrepresentation.
Damages
Damages are the compensation paid to the victim following an incident of negligence or a tort. There are two kinds of damages: punitive and compensatory. Compensation damages compensate plaintiffs for their losses, and are intended to restore their health after an injury, while punitive damages are intended to punish the defendant for fraud, a malicious act that caused harm, or reckless negligence.
The amount of damages is highly subjective, and based on each case's unique facts. A seasoned personal
injury lawsuits lawyer will assist you in documenting the extent of your losses. This will increase your chances of obtaining the largest amount possible. For example the lawyer might use expert witnesses to testify on the severity of your suffering and pain and psychologist or psychiatrist expert witness to bolster your emotional distress claim.
In order to maximize compensation, you need to take care in the documentation of your current and future economic losses. Your lawyer will assist with keeping detailed documents of the expenses and financial losses incurred, and will also calculate the value of your future loss of income. Experts are often needed to determine estimates based on the permanent impairment or disability caused by your injury.
If the defendant does not have enough insurance coverage to cover your claims, you may pursue a civil judgment against them personally. However, this can be very difficult unless the defendant has a substantial amount of assets or is a corporate entity with multiple assets.
Statute of Repose
While statutes of limitations and statutes of repose both limit the time that a plaintiff has to file an injury claim however, there are some significant distinctions between the two. Statutes are procedural, forward-looking, and substantive.
A statute of repose, or in other words it is a law that gives a time limit that must be met before legal action is barred - without the same exceptions as a statute or limitations would provide. It is common for a statute of repose to apply to construction defect cases, product liability lawsuits and medical malpractice claims.
The major difference is that a statute starts to run following an event, whereas the statute of limitations typically begins when the plaintiff notices or suffers a loss. This can be an issue in cases involving product liability for instance, as it may take years for the plaintiff to purchase and use a product, even before the company might have been aware of any defect.
Due to these distinctions due to these differences, it is imperative to ensure that victims of injuries consult a personal 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 lawsuits 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 care when doing something that could be expected to cause harm. If someone fails to comply with a duty and suffers injury as a result, this is considered negligence. There are a variety of situations in which a person or company owes a duty of care to the public, for example accountants and doctors who prepare taxes and store owners clearing snow and ice off sidewalks to stop people from falling and hurting themselves.
To be able to claim damages in a negligence case you must prove that the person who injured you had the duty to protect you and that they violated this obligation and that their lapse caused your injury. The norm of care is usually determined by what other doctors would do in similar situations. For example the case where a physician performs surgery on the wrong leg, it could be considered to be a breach of duty since other surgeons operating in similar circumstances would most likely have read the patient's medical chart correctly.
It is crucial to remember that the standard of care should not be excessive that it creates unlimited liability on all parties. In jury trials, and in bench trials the balance is assessed by juries and judges.