What Makes Injury Legal?
The term"injury legal" is used to describe the harm, loss or damage that an person suffers from the negligence of another person's or wrongful conduct. It is a part of tort law.
The most obvious type of injury is one that is bodily, which includes things like concussion, whiplash and broken bones. These injuries should be treated by a medical professional.
Statute of Limitations
The law provides an expiration date, known as the statute of limitations, within which an injured person can file an action. If you don't comply with the statute of limitations, your claim will be "time-barred" and you won't be able to get compensation for your losses. The time period for the statute of limitations differs from states to states and by type of case.
The "clock" of the statute of limitations usually starts to tick when an accident or incident that caused the injury occurs. There are a few exceptions to the rule that can extend the time to file a lawsuit. One of them is known as the discovery rule which states that the statute of limitations clock cannot begin until the injury is discovered or should have been discovered. This is usually seen in cases where conditions are concealed, like asbestos or certain medical malpractice claims.
Another exception is for minors, who have a year after the age of 18 to start legal proceedings even though the statute of limitations usually runs before they reach the age of 19. Then there is the "tolling" provision, which suspends the statute of limitations in certain events or 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 given to the victim of an offense (wrongful act). There are two basic types of damages: compensatory and punitive. Compensatory damages aim to compensate plaintiffs and ensure they are fully compensated after an injury. Punitive damages are used to penalize defendants for fraudulent acts, devious actions that cause harm, or gross negligence.
The amount of damages you are able to claim is extremely subjective and based on each case's unique facts. A personal
injury lawyer with experience can assist you with logging your losses in full. This will increase your chance of obtaining the largest amount possible. For example, your lawyer may use experts to testify about the severity of your pain and suffering as well as a psychological or psychiatric expert witness to back up your claim for emotional distress.
In order to receive the maximum amount of compensation, you must record your losses now and in the future. Your lawyer will assist you to keep a detailed record of all expenses and financial loss incurred in addition to the value of your future lost income. Experts are often required to determine estimates based on the permanent impairment or disability resulting from your injury.
If the defendant does not have enough insurance coverage to cover your claims, you are able to get a civil judgement against them personally. This can be difficult unless the defendant is a major corporation or has multiple assets.
Statute of Repose
There are some differences between statutes of limitation and statutes de repose. Both restrict the time a plaintiff has to file a claim claiming injury however, there are some commonalities. Statutes of limitation are a procedural and forward-looking law and forward-looking, while statutes of repose are substantive and forward-looking.
A statute of repose, as it's known it is a law that establishes a time frame when legal action can be barred - without the same limitations that a statute limitations have. A statute of repose is typically used in construction defect lawsuits, products liability suits and medical malpractice claims.
The main difference is that while the statute of limitations generally starts to run when a plaintiff suffers harm or discovers their loss, a statute of repose typically begins to run when an event triggers it. This is a concern in cases involving product liability. It can take years before a plaintiff buys and uses a product, and the company becomes aware of any issues.
Due to these differences and the fact that there are a variety of different laws, it is important for
injured injured victims to speak with a personal injury attorney near them prior to when the applicable statutes of limitations and statutes of repose run out. Michael Ksiazek, a partner in the Stark & Stark's Yardley office, concentrates on Accident & Injury Law. Contact him today for a no-obligation consultation.
Duty of Care
A duty of care is an obligation one owes to others to exercise reasonable care when doing something that may be expected to cause harm. It is generally regarded as negligence when someone fails to comply with their obligation of care and a person is injured due to the negligence. There are many situations in which a person or company is obligated to provide care to the public, such as accountants and doctors preparing tax returns and store owners who clear snow and ice from the sidewalks to avoid people 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 had obligations to you, that they breached this obligation, and that their breach caused your injury. The standard of care is usually established by what other professionals perform in similar situations. If a doctor performs surgery in the wrong limb this could be considered an infraction of duty since other surgeons follow the chart in similar circumstances.
It is important to keep in mind, too, that the standard of care should not be enough to impose no limit on liability for all parties. It is a balance which is vetted by juries in jury trials and judges in bench trials.