What Makes Injury Legal?
Legal
injury lawyers is a term used to describe the loss or damage sustained by a person due to the negligence or wrongdoing of another's actions. It is a part of tort law.
The most obvious kind of
injuries is the bodily which includes things such as whiplash, concussions, and broken bones. It is essential to seek medical assistance for these injuries.
Statute of Limitations
The law establishes an expiration date, known as the statute of limitations, within which an injured person has the option of filing a lawsuit. If you don't comply with the law, your claim will be "time-barred" and you will not be able recover compensation for your losses. The specifics of the statute of limitation vary from state to state, and each type of case has its own specific time period as well.
The "clock" of the statute of limitations usually starts to tick when an incident or accident that caused the injury occurs. However, there are some exceptions that could prolong the time for filing a lawsuit. The discovery rule is a prime exception. It states that the statute-of-limits clock is not set until the injury has been discovered or ought to have been discovered. This is usually encountered in cases involving concealed issues, such as asbestos exposure or certain medical malpractice claims.
A minor may also be granted an extra year to file a lawsuit, even though the statute would normally expire before turning 19. There is also the "tolling" provision,
injuries which suspends the statute of limitations during certain situations or events like military service or involuntary mental health commitments. In addition, there is the statute of limitations extension for willful concealment or falsification.
Damages
Damages are a form of compensation given to the victim of the tort (wrongful act). There are two types of damages: punitive and compensatory. Compensatory damages are meant to compensate plaintiffs for their losses and are intended to restore them following an injury, whereas punitive damages punish the defendant for fraud, a devious act that caused harm, or gross negligence.
The amount of damages awarded is subjective and is based on the particular circumstances of each case. An experienced personal injury attorney can assist you in documenting the full extent of your losses. This will increase your odds of receiving the highest amount of compensation that you are able to. For instance your lawyer could use experts as witnesses to prove the extent of your suffering and pain, or a psychological or psychiatric expert witness to strengthen your claim for emotional distress.
To receive the maximum amount of compensation, you need to have thorough documentation of your current and future economic losses. Your attorney will assist you keep a detailed record of your expenses and financial losses incurred as well as the amount of your lost income in the future. This can be a bit complicated and usually involves calculating estimates based on your injury's permanent impairment or disability, which requires the assistance of experts.
If the defendant doesn't have enough insurance to cover your claims, then you might be able pursue an injunction against them. This can be a challenge unless the defendant is a major corporation or has multiple assets.
Statute of Repose
While statutes of limitations and statutes of repose both limit the time a plaintiff must wait to file a claim for injury however, there are some significant distinctions between the two. Statutes are procedural, forward-looking, and substantive.
A statute of repose, also known as a statute it's a law that sets a deadline that must be met before legal action is prohibited - with the same limitations that a statute limitations have. It is common for a statute of repose to be applied to construction defect cases, products liability lawsuits and medical malpractice claims.
The main difference is that a statute begins to run following an event, whereas the statute of limitations usually starts when the plaintiff discovers or suffers an injury. This can be a problem in product liability cases, for example, since it could take a long time for the plaintiff to purchase and use a product before the company was aware of any defects.
Due to these differences and the fact that there are a variety of different laws, it is important for
injuries injured victims to speak with a personal injury lawyer near them before the applicable statutes of limitations and repose statutes expire. Michael Ksiazek, a partner in Stark & Stark’s Yardley office, concentrates on Accident & Injury Law. Contact him now for no-cost consultation.
Duty of Care
A duty of care is the obligation individuals owe to others to use reasonable caution when performing actions that could lead to harm. It is usually regarded as negligence when an individual fails to comply with their obligation of care and someone is injured due to the negligence. There are a variety of situations where a person or company is bound by a duty of care to the public, such as accountants and doctors who prepare taxes and store owners removing snow and ice off the sidewalks to prevent people from falling and causing injury to themselves.
To be able to claim damages in a case of tort you will need to prove that the party who injured you had a duty of care, that they violated that duty of care and that their breach was the direct and proximate cause of your injuries. The standard of care is typically determined by what other professionals do in similar circumstances. For instance when a doctor performs surgery on the wrong leg, it may be considered a breach in duty because other surgeons under similar circumstances will likely read the patient's chart correctly.
It is crucial to remember that the standard of care must not be enough to impose unlimited liability on all parties. It is a balance that is vetted by juries in jury trials as well as judges in bench trials.