What Makes
injury law firm Legal?
The term "injury legal" is used to describe the harm or loss that an individual suffers due to an individual's negligent or unlawful actions. It falls under the umbrella of tort law.
The most obvious harm is a bodily that can result in concussions whiplash, broken bones, and concussions. It is imperative to seek medical assistance for these injuries.
Statute of limitations
The law sets a deadline called the statute of limitations, within which an individual who has been injured may start a lawsuit. If you do not comply with the law, your claim will be "time-barred" and you won't be able recover compensation for your losses. The details of the statute of limitation vary from state to state, and each kind of case has its own time frame.
The "clock" of the statute of limitations typically begins to tick once the accident or incident that caused the injury occurs. However, there are some exceptions that could extend the time needed to file a lawsuit. One of them is known as the discovery rule which states that the clock for the statute of limitations does not begin until the injury is discovered or
injuries reasonably could have been discovered. This is typically encountered in cases involving concealed issues, such as asbestos exposure or certain medical malpractice claims.
A minor can be granted an additional year to file a lawsuit, even that the statute would typically expire before turning 19. Then there is the "tolling" provision that suspends the statute of limitations during certain events or situations such as military service, or involuntary mental health commitments. Then, there's the statute of limitations extension for willful concealment or fraudulent deception.
Damages
Damages are a form of compensation that is given to the victim following an incident of negligence or a tort. There are two kinds of damages - compensatory and punitive. Compensatory damages are intended to compensate plaintiffs and to make them whole after an injury. Punitive damages are meant to penalize defendants for fraudulent acts, devious acts that caused harm, or gross negligence.
The amount of damages awarded is dependent and based on the unique facts of each case. A seasoned personal
injury lawyer can assist you in documenting the full extent of your losses. This will increase your chances of receiving the highest amount of compensation possible. For instance your lawyer could employ expert witnesses to testify on the severity of your pain and suffering as well as a psychologist or psychiatrist expert witness to strengthen your emotional distress claim.
Obtaining maximum compensation requires careful documentation of your current and future economic losses. Your lawyer will help you keep detailed records of costs and financial losses you incur as well as the value of the future loss of income. This can be difficult and usually involves calculating estimates based on your injury's permanent impairment or disability, which requires the assistance of experts.
If the defendant's insurance coverage is inadequate, insurance coverage to pay your claims, then you can get a civil judgement against them personally. This can be very difficult unless the defendant is a large asset or is a company with multiple assets.
Statute of Repose
While statutes of limitations and statutes of repose limit the time a plaintiff can have to file an injury claim However, there are some important distinctions between the two. Statutes of limitation are a procedural and forward-looking law and forward-looking, while statutes of repose are substantive, and look backwards.
In essence the simplest terms, a statute of repose is a law that imposes an exact deadline for when legal actions are barredwithout the same exceptions as the statute of limitations. It is typical for a statute of repose to apply to cases involving construction defects, products liability lawsuits and medical malpractice claims.
The primary difference is that a statute begins to run after an event, whereas the statute of limitations usually begins when the plaintiff notices or suffers losses. This could be a problem in cases involving product liability. It could take years before a plaintiff purchases and uses a product, and the company becomes aware of any flaws.
Due to these distinctions due to these differences, it is imperative that victims of injury consult a personal attorney before the applicable statutes expire. Michael Ksiazek is a partner at the firm of Stark & 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 the obligation people owe other people to exercise a reasonable amount of caution when performing activities that could result in harm. When a person fails to fulfill a duty of care, and someone is injured due to it, it is considered to be negligence. There are many instances where a person or business is responsible for providing care to the public, such as accountants and doctors who prepare taxes and store owners cleaning snow and ice off sidewalks to prevent people from falling and causing injury to themselves.
In order to successfully claim damages in a tort lawsuit, you will need to establish that the party that injured you owed you the duty of care, and that they violated that duty of care, and that their negligence was the direct and proximate cause of your
injuries. The standard of care is usually determined by what other doctors apply in similar circumstances. For example when a doctor performs surgery on the wrong leg, it may be considered a breach in duty because other surgeons under the same circumstances would likely read the patient's chart correctly.
It is important to remember that the standard of care can't be so high that it will impose unlimited liability on all parties. This is a balance that is carefully reviewed by juries in jury trials as well as judges in bench trials.