What Makes Injury Legal?
Legal
Injury law firm is a term used to describe the harm or loss suffered by an individual due to an individual's negligent or unlawful actions. It falls under the umbrella of tort law.
The most obvious damage is a bodily injury that includes concussions, whiplash, and fractured bones. These
injuries should be treated by medical professionals.
Statute of Limitations
The law provides the time frame, also known as the statute of limitations that an injured person is able to file a lawsuit. Failure to file a lawsuit will result in the claim being "time barred" and the victim will not be able to recover compensation for their losses. The details of the statute of limitation vary from state to state and each kind of case has its own time period as well.
The "clock" of the statute of limitations usually begins to tick once the accident or incident which caused the injury occurs. However, there are some exceptions that may extend the time for filing lawsuits. One such exception is known as the discovery rule, which states that the clock for the statute of limitations cannot begin until the injury is discovered or should have been discovered. This is typically seen in cases involving hidden conditions, such as asbestos exposure or medical malpractice claims.
A minor may also be granted an extra year to file a lawsuit even though the statute would normally expire before they turn 19. There is also the "tolling" provision which extends the limitation period for certain events and situations, such as military service and involuntary mental hospitalization. Finally, there is the statute of limitations extension for willful concealment or fraudulent deception.
Damages
Damages are compensation given to the victim after an incident of negligence or a tort. There are two kinds of damages: compensatory and punitive. Compensatory damages are meant to compensate plaintiffs for their losses, and are intended to restore them after an accident, whereas punitive damages penalize the defendant for fraud, a malicious act that caused harm or gross negligence.
The amount of damages awarded is subjective and is based on the specific facts of each case. A seasoned personal
injury lawyer can assist you in documenting the totality of your losses. This will increase your chances of receiving the maximum amount possible. For example your lawyer could employ experts as witnesses to prove the severity of your suffering and pain and psychological or psychiatric expert witness to back up your emotional distress claim.
To get the maximum amount of compensation, you must have careful documentation of your present and future economic losses. Your attorney will assist in keeping detailed documents of the expenses and financial losses you have incurred,
injury law firm as well as calculating the amount of future lost income. This can be complicated and often involves making estimates based on the severity of your injury and its permanent disability which requires the assistance of experts.
If the defendant has insufficient 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 company or has multiple assets.
Statute of Repose
There are some distinctions between statutes of limitation and statutes of repose. Both limit the amount of time a plaintiff has to bring a claim for injury however, there are some similarities. Statutes of limitations are a procedural and forward-looking law, whereas statutes of repose are substantive, and look backwards.
In a nutshell, a statute of repose is a law that sets an exact deadline for when legal actions are barred -without the same exceptions as a statute of limitation. It is typical for a statute of repose to be applied to construction defect cases, product liability lawsuits, as well as medical malpractice claims.
The primary difference is that a statute begins to run following an event, whereas the statute of limitations usually begins when a plaintiff finds or suffers an injury. This is a concern in product liability cases. It could take years before a plaintiff purchases and
Injury law firm uses a product, and the company is aware of any defects.
Due to these distinctions in the law, it is essential to ensure that victims of injuries consult an attorney before the applicable statutes expire. Michael Ksiazek is a partner at Stark and 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 one owes to others to exercise reasonable care when doing something that could be expected to cause harm. If someone fails to meet a duty of diligence and a person is injured due to it, it is considered to be a case of negligence. There are many situations where a person business is responsible for providing care to the public, for example accountants and doctors who prepare taxes and store owners clearing snow and ice from the sidewalks to prevent people from falling and causing injury to themselves.
To successfully claim damages in a tort claim you will need to prove that the party who injured you owed you an obligation of care, that they violated that duty of care and that their breach was the primary and direct cause of your injuries. The standard of care is typically established by what other medical professionals would do in similar situations. For example when a doctor performs surgery on the wrong leg, it may be considered to be a breach of duty because other surgeons working in similar circumstances would most likely be able to read the patient's record correctly.
It is important to remember that the standard of care can't be high enough to create a liability that is unlimited for all parties. In jury trials, and in bench trials the balance is assessed by juries and judges.