What Makes Injury Legal?
Injury legal is a term used to define the harm or loss that an individual suffers as a result of another party's negligent or wrongful actions. It falls under the umbrella of tort law.
The most obvious type of injury is a bodily one, which includes things like whiplash, concussions, and broken bones. It is essential to seek medical assistance for these
injuries.
Statute of Limitations
The law sets a timeframe, known as the statute of limitations within which an individual who has been
injured may start a lawsuit. If you fail to meet the deadline with the statute of limitations, your claim is "time-barred" and you won't be able to recover compensation for your losses. The time period for the statute of limitations differs from state to state and also according to the type of case.
The statute of limitations "clock" generally begins to tick at the time that the accident or incident causing injury occurs. There are some exceptions to the rule that could extend the time to file a lawsuit. The discovery rule is one such exception. It states that the clock for the statute of limitations does not start until the injury has been identified or ought to have been discovered. This is usually observed in cases that involve hidden circumstances, such as asbestos exposure or certain medical malpractice claims.
A minor can also be granted an extra year to file a lawsuit even that the statute would typically expire before the age of 19. There is also the "tolling" provision that allows the limitations period to be suspended during certain situations and events such as military service and involuntary mental hospitalization. There is also the statute of limitations extension for willful concealment or false representation.
Damages
Damages are compensation paid to the victim of the tort (wrongful act). There are two types of damages: compensatory and punitive. Compensatory damages are intended to compensate plaintiffs and ensure they are fully compensated after an injury. Punitive damages are meant to punish the defendants for fraudulent acts, devious actions that caused harm or
injured for gross negligence.
The amount of damages you are able to claim is extremely subjective and based on the specific facts of each case. A personal injury lawyer with years of experience can assist you in documenting your full losses. This increases your odds of obtaining the highest amount possible. Your lawyer could call in experts to explain the severity of your suffering, or to prove your claim for emotional distress.
To get the maximum amount of compensation, you must have careful documentation of your present and future economic losses. Your lawyer will assist you with keeping detailed reports of the costs and financial losses that you incur, as well as calculating the amount of future lost income. Experts are often needed to calculate estimates based upon the permanent impairment or disability caused by your injury.
If the defendant does not have enough insurance coverage to pay your claims, then you can obtain a civil judgment against them personally. However, this could be difficult if the defendant has significant assets or is a business with multiple assets.
Statute of Repose
While statutes of limitations and statutes of repose limit the time a plaintiff has to file a claim for injury However, there are some important differences between the two. Statutes are procedural, forward-looking and substantive.
In simple terms the simplest terms, a statute of repose is a law that sets a hard deadline after which legal actions are barred- without the same exceptions as the statute of limitations. A statute of repose is often applied to product liability suits and medical malpractice claims.
The main difference is that a statute begins to run after an event, while the statute of limitations usually begins when the plaintiff notices or suffers an injury. This can be an issue in product liability cases for instance, as it could take a long time for the plaintiff to purchase and use a particular product before the company might have been aware of any defect.
Because of these differences, it is important that injured victims consult 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 concentrates on Accident & Personal Injury Law. Contact him today for a no-obligation consultation.
Duty of Care
A duty of care is the obligation one owes to others to exercise reasonable caution when performing activities that could lead to harm. When a person fails to perform a duty of care, and someone is injured as a result, this is considered to be negligence. A company or person has the obligation of care to the public in various situations. This includes doctors who prepare tax returns, accountants preparing tax returns and store owners removing snow from sidewalks so that people do not fall and end up hurting themselves.
To be able to claim damages in a negligence claim, you must prove that the person who injured you was the duty to protect you and acted in breach of this duty of duty and that their lapse caused your injury. The standard of care is usually established by what other professionals would do under similar circumstances. If a surgeon makes a surgical procedure on the wrong leg it could be deemed unprofessional conduct, since other surgeons read the chart correctly under similar circumstances.
It is important to keep in mind, too, that the standard of care should not be too high that it imposes no limit on liability for all parties. In jury trials, and in bench trials, the balance is carefully examined by both juries and judges.