What Makes Injury Legal?
"Injury legal" is a term used to describe the loss or damage that an individual suffers as a result of the negligence or wrongdoing of another's actions. It is a part of tort law.
The most obvious kind of injuries is the bodily that includes things like whiplash, concussions, and broken bones. These injuries should be treated by a medical professional.
Statute of Limitations
The law sets an expiration date, known as the statute of limitations in which an injured person can file a lawsuit. Failure to file a lawsuit will result in the claim being "time barred" and the person who was injured is not able to receive compensation for their losses. The specifics of the statute of limitations can differ between states, and each type of instance has its own distinct time period as well.
The "clock" of the statute of limitations typically begins to tick once the accident or incident which caused the injury occurs. However, there are several exceptions that can extend the time to file lawsuits. The discovery rule is an exception. It states that the statute-of-limits clock doesn't begin until the injury has been discovered or should have reasonably been discovered. This is most commonly seen when conditions are hidden, such as 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 although the statute of limitations usually runs before they reach age 19. There is also the "tolling" provision which suspends the limitations period during certain events and situations such as military service or involuntary mental hospitalization. Finally, there is the extension of the statute of limitations for fraud or willful deception.
Damages
Damages are the compensation paid to the victim in the aftermath of an act of wrongdoing or tort. There are two types of damages: punitive and compensatory. Compensatory damages are intended to compensate plaintiffs and to make them whole after an injury. Punitive damages are intended to penalize defendants for fraud,
injured malicious actions that cause harm, or for gross negligence.
The amount of damage is extremely subjective and based on each case's unique facts. A seasoned personal injury lawyer can assist you in documenting the extent of your losses. This will improve your chances of receiving the highest amount of compensation you can get. For instance, your lawyer may use experts to testify about the severity of your pain and suffering, or a psychological or psychiatric expert witness to bolster 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 to keep a detailed record of your financial losses and expenses incurred and the value of the future loss of income. This can be complicated and usually involves calculating estimates based on the severity of your
injury attorney and its permanent disability which requires the assistance of experts.
If the defendant has insufficient insurance coverage to pay your claims, you can obtain a civil judgment against them personally. This can be a challenge 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 that a plaintiff can make a claim for injury however, there are some commonalities. Statutes are procedural, forward-looking and substantive.
A statute of repose, as it's known is a law that sets a deadline after which legal action is not allowed - without the exceptions as a statute or limitations have. It is typical for a statute of repose to apply to cases involving construction defects, products liability lawsuits as well as medical malpractice claims.
The primary difference is that a statute starts to run after an event, whereas the statute of limitations typically begins when the plaintiff is aware of or suffers losses. This is a concern in product liability cases for instance, because it could take a long time for a plaintiff to purchase and use a product prior to the company is aware of any defects.
Due to these differences It is crucial that
injured victims consult an attorney prior to the applicable statutes expire. Michael Ksiazek is a partner at Stark & Stark's Yardley, PA office and concentrates on Accident and Personal Injury Law. Contact him now for a free consultation.
Duty of Care
A duty of care is the obligation that one has to other people to exercise a reasonable amount of caution when doing something that could result in harm. When a person fails to perform a duty of care and a person is injured due to it, it is considered negligence. A business or individual is bound by an obligation of care towards the public in many situations. This includes doctors who prepare tax returns, accountants working on tax returns and store owners removing snow off the sidewalks so that people don't slip and injury themselves.
To be able to claim damages in a negligence claim, you must prove that the party who injured you had an obligation of care and that they violated this obligation and that their breach caused your injury. The quality of care is typically determined by what other doctors perform in similar situations. For example the case where a physician performs surgery on the wrong leg, it may be considered a breach of duty since other surgeons operating in similar circumstances will likely read the patient's chart correctly.
It is important to remember that the standard of care can't be high enough to impose unlimited liability on all parties. In jury trials, as well as in bench trials, the balance is carefully evaluated by juries as well as judges.