What Makes Injury Legal?

The term "injury legal" is used to define the harm or loss that an individual suffers due to an other person's negligent or illegal actions. It falls under tort law.

The most obvious form of injury is one that's bodily, which includes things like whiplash, concussions, and broken bones. These injuries must be treated by a medical professional.

Statute of Limitations

The law sets an expiration date, known as the statute of limitations, within which an injured person can file a lawsuit. Failure to file a lawsuit will result in the claim being "time barred" and the victim is not able to claim compensation for their losses. The details of the statute of limitation vary from state to state and each type of case has its own specific time frame as well.

The "clock" of the statute of limitations typically begins to tick when the accident or injury incident that caused the injury occurs. There are some exceptions to the rule, which can extend the time to file a lawsuit. The discovery rule is one such exception. It states that the statute-of-limits clock doesn't begin until the injury has been identified or ought to have been discovered. This is seen most often when conditions are concealed, like asbestos or certain medical malpractice claims.

Another exception applies to minors, who have a year from their 18th birthday when they can initiate legal proceedings even although the statute of limitations will normally expire before they reach the age of 19. There is also the "tolling" provision that suspends the statute of limitation during certain circumstances, such as military service, or involuntary mental health commitments. Finally, there is the extension of the statute of limitations for willful concealment or false representation.

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 intended to compensate plaintiffs and restore them to their fullness after an injury. Punitive damages are used to punish defendants for fraudulent acts, devious acts that caused harm, or gross negligence.

The amount of damages is highly subjective and injury is based on the unique circumstances of each individual case. An experienced personal injury attorney can assist you in determining the full extent of your losses. This increases your odds of obtaining the highest amount possible. Your lawyer might call in experts to explain the severity of your suffering, or to support 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 attorney will assist you keep meticulous records of the financial losses and expenses incurred and the value of the future loss of income. This can be complicated and usually involves the calculation of estimates based upon 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, you may be able to pursue an injunction against them. This isn't always easy unless the defendant is a large company or has multiple assets.

Statute of Repose

There are some distinctions between statutes of limitation and statutes de repose. Both restrict the time that the plaintiff has to file a claim claiming injury however, there are certain similarities. Statutes of limitation are a procedural and forward-looking law statutes of repose are substantive and backward-looking.

In simple terms, a statute of repose is a law which sets a hard deadline after which legal actions are barred -without the same exceptions as a statute of limitations. A statute of repose is often used in lawsuits involving construction defects, products liability suits and medical malpractice claims.

The most notable difference is that, while the statute of limitations generally runs when the plaintiff suffers injury or is aware of their loss, a statute of repose generally begins to run when an incident triggers it. This can be an issue in product liability cases for instance, since it could take a long time for the plaintiff to purchase and use a product before the company might have been aware of any defect.

Due to these differences in the law, it is essential that injured victims consult an attorney before the statutes that apply to them expire. Michael Ksiazek, a partner in Stark & Stark’s Yardley office, concentrates on Accident & Injury Law. Contact him today for a no-obligation consultation.

Duty of Care

A duty of care is a duty that a person owes others to exercise reasonable caution in doing anything that could be predicted to cause harm. If a person fails to comply with a duty, and someone is injured as a result, this is considered negligence. There are many instances in which a person or business is responsible for providing care to the public. This includes accountants and doctors preparing tax returns and store owners cleaning snow and ice from the sidewalks to prevent people from falling and injuring themselves.

To successfully claim damages in a case of tort it is necessary to establish that the party that injured you was bound by the duty of care, and that they breached that duty of care and that their negligence was the direct and proximate reason for your injury. The standard of care is usually determined by what other professionals apply in similar circumstances. If a surgeon is performing surgery in the wrong place it could be deemed a breach of duty, because other surgeons are likely to take the correct chart under similar circumstances.

It is also important to remember that the standard of care should not be so high that it could impose unlimited liability on all parties. This balance is carefully reviewed by juries in jury trials as well as judges in bench trials.