What Makes Injury Legal?
Legal injury is a term used to describe the loss or harm sustained by a person as a result of the negligence or wrongdoing of another's actions. It is a part of tort law.
The most obvious kind of
injury attorneys is one that is bodily, which includes things like whiplash, concussion, and broken bones. It is imperative to seek medical assistance for these
injuries.
Statute of Limitations
The law sets an expiration date, known as the statute of limitations that an injured party can file an action. If you fail to comply with the law, your claim will be "time-barred" and you will not be able recover compensation for your losses. The details of the statute of limitations differ from state to state, and each type of case has its own specific time period as well.
The statute of limitations "clock" generally starts to tick when the accident or incident that led to injury occurs. However, there are some exceptions that can extend the time needed to file an action. One such exception is known as the discovery rule which states that the clock of statute of limitations cannot begin until the injury is discovered or reasonably should have been discovered. This is seen most often in situations where the cause is concealed, like asbestos or certain medical malpractice claims.
Another exception is for minors, who have a year from their 18th birthday to begin legal proceedings even although the statute of limitations usually runs before they reach age 19. There is also the "tolling" provision that allows the limitations period to be suspended during certain situations and events including military service and involuntary mental hospitalization. The statute of limitations can be extended for fraudulent misrepresentation or intentional concealment.
Damages
Damages are a form of compensation that is given to the victim after a tort or wrongdoing. There are two kinds of damages - compensatory and punitive. Compensatory damages are meant to compensate plaintiffs for their losses, and
injuries are intended to restore their health following an
injury law firms, whereas punitive damages punish a defendant for fraud, a devious act that caused harm or gross negligence.
The amount of damages awarded is highly subjective and based upon the unique facts of each case. A personal injury lawyer with experience can assist you in documenting your entire loss. This will increase your chances of obtaining the maximum amount of compensation that you are able to. For instance your lawyer could employ experts to testify on the extent of your suffering and pain as well as a psychologist or psychiatrist expert witness to back up your claim for emotional distress.
To receive the maximum amount of compensation, you need to have thorough documentation of your present and future economic losses. Your lawyer will help you keep a detailed record of all costs and financial losses you incur in addition to the value of the future loss of income. This can be complicated and often involves making estimates based on the permanent impairment caused by your injury or disability which requires the assistance of experts.
If the defendant has insufficient insurance coverage to cover your claims,
injuries you can get a civil judgement against them personally. This can be difficult unless the defendant is a large corporation or has multiple assets.
Statute of Repose
While statutes of limitations and statutes of repose both limit the time a plaintiff can have to file a lawsuit however, there are some significant differences between the two. Statutes of limitations are procedural and forward-looking and forward-looking, while statutes of repose are substantive and retro-looking.
In short, a statute of repose is a law that imposes the deadline by which legal actions are barred -with the same exceptions as a statute of limitations. It is typical for a statute of repose to be applied to construction defect cases, products liability lawsuits, and medical malpractice claims.
The most significant difference is that, while a statute of limitations typically runs when the plaintiff suffers harm or discovers their loss the statute of repose usually begins to run when an event triggers it. This is a concern in product liability cases. It could take several years before a plaintiff buys and uses a product and the company becomes aware of any issues.
Because of these differences It is essential for injured victims to speak with a personal injury attorney close to them before the applicable statutes of limitation and repose statutes expire. Michael Ksiazek is a partner at the firm of Stark & Stark's Yardley, PA office and focuses on Accident and Personal Injury Law. Contact him today to arrange an initial consultation for no cost.
Duty of Care
A duty of care is a duty one owes to others to exercise reasonable care when doing something that could be expected to cause harm. If a person fails fulfill a duty of care, and someone is injured because of it, this is considered to be a case of negligence. There are a myriad of circumstances in which a person or company owes a duty of care to the public, including accountants and doctors preparing tax returns and store owners removing snow and ice from the sidewalks to prevent people from falling and causing injury to themselves.
To be able to claim damages in a negligence case you must prove that the person who injured you owed an obligation of care and acted in breach of this duty of duty and that their lapse caused your injury. The standard of care is typically determined by what other doctors apply in similar circumstances. For example, if a doctor performs surgery on the wrong leg, it may be considered a breach of obligation because other surgeons in similar circumstances would most likely examine the patient's chart in a correct manner.
It is important to keep in mind, too, that the standard of care must not be enough to impose no limit on liability for all parties. This is a balance that is vetted by juries in jury trials and judges in bench trials.