What Makes Injury Legal?
Legal injury is a term used to describe the harm or loss that a person suffers due to an other person's negligent or illegal actions. It is a part of tort law.
The most obvious damage is a bodily
injury law firms, which includes concussions, whiplash, and fractured bones. These injuries must be treated by an expert medical professional.
Statute of Limitations
The law sets a timeframe, known as the statute of limitations, within which a person injured can bring a lawsuit. Failing to do so will result in the claim being "time barred" and the party who was
injured cannot claim compensation for their losses. The specifics of the statute of limitations vary between states, and each type of case has its own time period as well.
The "clock" of the statute of limitations typically begins to tick once the accident or incident that caused the injury occurs. However, there are a few exceptions that could prolong the time needed to file an action. The discovery rule is one exception. It states that the clock of the statute of limitations does not start until the injury has been identified or should have reasonably been discovered. This is usually found in cases involving hidden issues, such as asbestos exposure or certain medical malpractice claims.
A minor
injured may also be granted an extra year to file a lawsuit even when the statute of limitations would typically expire before they turn 19. Then there is the "tolling" provision, which suspends the statute of limitation during certain situations or events like military service or involuntary mental health commitments. There is also the statute of limitations extension for willful concealment or false representation.
Damages
Damages are the compensation paid to the victim of an act of tort (wrongful act). There are two basic types of damages: compensatory and punitive. Compensation damages compensate plaintiffs for their losses and aim to make them whole again after an injury, while punitive damages are intended to punish the defendant for fraud, a devious act that caused harm, or
injured reckless negligence.
The amount of damages awarded is subjective and based upon the specific facts of each case. An experienced personal injury attorney will assist you in documenting the full extent of your losses. This increases your odds of obtaining the highest amount possible. Your lawyer might call in expert witnesses to describe the extent of your pain and suffering, or to support your claim for emotional distress.
In order to maximize compensation, you need to take care in the documentation of your present and future economic losses. Your attorney will assist in keeping detailed notes of your expenses and financial losses incurred and also in calculating the amount of future lost income. Experts are often required to calculate estimates based upon the permanent impairment or disability resulting from your injury.
If the defendant does not have enough insurance to cover your claims, you may be able to obtain a civil judgment against them. This can be very difficult unless the defendant has a substantial amount of assets or is a company with multiple assets.
Statute of Repose
There are some differences between statutes of limitation and statutes of repose. Both restrict the time that a plaintiff is able to bring a claim for injury, but there are also some similarities. Statutes of limitations are procedural and forward-looking statutes of repose are substantive and retro-looking.
In simple terms an esoteric sense, a statute or repose is a law that imposes a hard deadline after which legal actions are barred -- without the same exceptions as a statute of limitation. A statute of repose is typically applied to cases involving defective construction, products liability suits and medical malpractice claims.
The main difference is that a statute starts to run after an event, while a statue of limitations usually begins when the plaintiff is aware of or suffers losses. This is a concern in product liability cases, for example, since it can take a long time for the plaintiff to purchase and use a product, even before the company was aware of any defects.
Due to these differences, it is important that injured victims consult an attorney prior to the applicable statutes expire. Michael Ksiazek is a partner at the firm of Stark & Stark's Yardley, PA office and is a specialist in Accident & Personal Injury Law. Contact him to arrange a no-obligation consultation.
Duty of Care
A duty of care is the obligation that one has to others to exercise reasonable caution when doing something which could cause harm. It is generally considered negligence when an individual fails to perform their duty of care, and someone is injured due to the negligence. A company or person has the obligation of care to the public in many situations. This includes doctors who are preparing tax returns, accountants who prepare tax returns and store owners removing snow from sidewalks to ensure people don't slip and hurt themselves.
To be able to claim damages in a negligence case you must prove that the party who injured you owed a duty of duty and breached their duty duty and that their lapse caused your injury. The norm of care is usually determined by what other doctors would do under similar circumstances. If a surgeon makes a surgical procedure on the wrong leg the procedure could be regarded as an infraction of duty because other surgeons would read the chart correctly under similar circumstances.
It is important to keep in mind that the standard of care must not be so high that it imposes an unlimited liability on all parties. This balance is carefully scrutinized by juries in jury trials as well as judges in bench trials.