What Makes Injury Legal?
The term"
injury lawyers legal" is used to describe the damage or loss an individual suffers as a result of another's negligence or wrongful actions. It falls under the umbrella of tort law.
The most obvious type of
injuries is the bodily, which includes things like whiplash, concussion and
injuries broken bones. It is important to seek medical help for these injuries.
Statute of limitations
The law establishes an amount of time, referred to as the statute of limitations that an injured person has the option of filing an action. Failure to comply with this deadline will result in the claim being "time barred" and the party who was injured is not able to claim compensation for their losses. The specifics of the statute of limitations can differ from state to state and each kind of claim has its own particular time frame.
The "clock" of the statute of limitations usually begins to tick once the incident or accident that caused the injury occurs. There are some exceptions to the standard that may prolong the time required to file a lawsuit. One of them is known as the discovery rule which states that the clock of statute of limitations cannot begin until the injury is discovered or reasonably could have been discovered. This is typically seen in cases where conditions are concealed, like asbestos or certain medical malpractice claims.
A minor may be granted an additional year to file a lawsuit, even when the statute of limitations would typically expire before the age of 19. There is also the "tolling" provision that suspends the statute of limitations during certain events or situations like military service or involuntary mental health commitments. The statute of limitations can be extended for fraudulent misrepresentation or willful concealment.
Damages
Damages are compensation that is paid to the victim following an act of wrongdoing or tort. There are two kinds of damages: compensatory and punitive. Compensatory damages pay plaintiffs back their losses and aim to help them recover after an injury, while punitive damages punish the defendant for fraud, a devious act that caused harm, or gross negligence.
The amount of damages you are able to claim is highly subjective, and based on the particular facts of each case. An experienced personal injury attorney can help you document the complete extent of your losses. This will increase your chances of obtaining the most money possible. Your lawyer might call in experts to provide evidence of the severity of your pain and suffering or to back up your claim for emotional distress.
To receive the highest amount of amount of compensation, you should carefully record your current and future losses. Your lawyer will assist you to keep detailed records of costs and financial losses you incur in addition to the value of your future lost income. Experts are often required to calculate estimates based upon the permanent impairment or disability of your injury.
If the defendant has insufficient insurance coverage to cover your claims, you may seek a civil judgment against them personally. But, this is extremely difficult unless the defendant has significant assets or is a corporate entity with multiple assets.
Statute of Repose
While statutes of limitations and statutes of repose both limit the time a plaintiff has to file a lawsuit, there are some notable differences between the two. Statutes are procedural, forward-looking, and substantive.
A statute of repose, also known as a statute is a law that gives a time limit within which legal action is barred - without the same limitations that a statute limitations would provide. A statute of repose is often applied to product liability suits and medical malpractice claims.
The most notable difference is that while the statute of limitations typically runs when the plaintiff is hurt or becomes aware of their loss the statute of repose generally begins to run when an incident triggers it. This can be an issue in product liability cases for instance, as it could take years for the plaintiff to purchase and use a product before the company is aware of any defect.
Due to these distinctions, it's important for victims of injuries to speak with a personal
injury attorney near them before the applicable statutes of limitations and statutes of repose expire. Michael Ksiazek, a partner in Stark &Stark's Yardley office, focuses on Accident & Injury Law. Contact him today for a no-obligation consultation.
Duty of Care
A duty of care is the obligation that individuals owe to others to exercise reasonable care when performing actions that could result in harm. If a person fails fulfill a duty of care and suffers injury as a result, this is deemed to be negligence. There are a variety of situations where a person business is responsible for providing care to the public, including accountants and doctors preparing tax returns and store owners removing snow and ice from sidewalks to stop people from falling and causing injury to themselves.
To be able to claim damages in a case of negligence, you must prove that the party who injured you was the duty to protect you and breached their duty of duty and that their breach caused your injury. The standard of care is usually determined by what other experts do in similar situations. If a surgeon is performing surgery in the wrong place this could be considered to be a breach of duty since other surgeons be able to read the chart correctly in similar circumstances.
It is also important to note that the standard of care should not be so high that it will limit liability to all parties. In jury trials, as well as in bench trials, the balance is carefully evaluated by juries as well as judges.