What Makes Injury Legal?
Legal injury is a term used to define the harm or loss that a person suffers due to another party's negligent or wrongful actions. It falls under the umbrella of tort law.
The most obvious form of injury is a bodily one which includes things such as concussion, whiplash and broken bones. These injuries must be treated by an experienced medical professional.
Statute of limitations
The law establishes a time limit, called the statute of limitations within which an injured person can file a lawsuit. If you fail to comply with the statute of limitations, your claim is "time-barred" and you will not be able 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.
The statute of limitations "clock" typically begins ticking at the time that the accident or incident that led to injury occurs. There are a few exceptions to the rule that could delay the filing of a lawsuit. One of these exceptions is known as the discovery rule which states that the clock of statute of limitations does not begin until the injury is discovered or should have been discovered. This is typically found in cases involving hidden conditions, such as asbestos exposure or certain medical malpractice claims.
Another exception is for minors, who have a year from their 18th birthday to initiate lawsuits, even although the statute of limitations would normally run before they reach age 19. Then there is the "tolling" provision, which suspends the statute of limitations in certain events or situations such as military service, or involuntary mental health commitments. The statute of limitation can be extended for fraudulent misrepresentation or willful concealment.
Damages
Damages are a form of compensation given to the victim of a tort (wrongful act). There are two kinds of damages: punitive and compensatory. Compensatory damages are intended to compensate plaintiffs and ensure they are fully compensated after an injury. Punitive damages are meant to penalize defendants who committed fraudulent acts, devious actions that caused harm or gross negligence.
The amount of damages you are able to claim is extremely subjective and based on the specific facts of each case. A seasoned personal injury lawyer can help you document the full extent of your losses. This will increase your chances of receiving the maximum amount possible. Your lawyer may call in experts to testify about the extent of your pain and suffering or to back up your claim for emotional distress.
To get the maximum compensation, you must carefully document your losses now and in the future. Your lawyer will help you keep detailed records of financial losses and expenses incurred as well as the value of your lost income in the future. Experts are often required to determine estimates based on the permanent impairment or disability resulting from your injury.
If the defendant is not covered by insurance coverage to pay your claims, then you can seek a civil judgment against them personally. But, this is 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
injured statutes of repose both limit the time a plaintiff must wait to file a claim for injury, there are some notable distinctions between the two. Statutes of limitation are a procedural and forward-looking law and forward-looking, while statutes of repose are substantive and forward-looking.
In a nutshell, a statute of repose is a law that establishes an absolute deadline within which legal actions are barred- without the same exceptions as a statute of limitations. It is typical for a statute of repose to apply to construction defect cases, products liability lawsuits, and medical malpractice claims.
The most notable difference is that, while a statute of limitations typically starts to run when a plaintiff is injured or learns of their loss, a statute of repose typically begins to run when an event triggers it. This is a concern in product liability cases. It can take years before a plaintiff buys and utilizes a product and the company is aware of any defects.
Because of these differences due to these differences, it is imperative that
injury law firms victims consult with an attorney prior to the statutes that apply to them expire. Michael Ksiazek is a partner at the firm of Stark & Stark's Yardley, PA office and is a specialist in Accident and Personal Injury Law. Contact him today for a no-obligation 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. If a person fails meet a duty of diligence and someone is
injured because of it, this is deemed to be negligence. There are a myriad of circumstances in which a person or business is responsible for providing care to the public, such as accountants and doctors preparing tax returns and store owners clearing snow and ice from sidewalks to stop people from falling and causing injury to themselves.
To be able to claim damages in a negligence case, you must prove that the party who injured you was in obligations to you and breached their obligation and that their breach caused your injury. The standard of care is generally established by what other professionals would do in similar circumstances. If a surgeon performs surgery in the wrong limb this could be considered unprofessional conduct, because other surgeons are likely to follow the chart in similar circumstances.
It is crucial to remember that the standard of care must not be too high that it imposes unlimited liability on all parties. This balance is carefully scrutinized by juries in jury trials, as well as judges in bench trials.