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What Makes Injury Legal?

The term "injury legal" is used to describe the loss or damage suffered by an individual due to an individual's negligent or unlawful actions. It falls under the umbrella of tort law.

The most obvious type of injury is a bodily one that includes things like whiplash, concussion, and broken bones. These injuries should be treated by medical professionals.

Statute of limitations

The law establishes the time frame, also known as the statute of limitations that an injured party can file a lawsuit. In the event of a delay, it will result in the claim being "time barred" and the injured party will not be able receive compensation for their losses. The particulars of the statute of limitations differ between states, and each type of case has its own time frame.

The "clock" of the statute of limitations typically begins to tick once the incident or accident that caused the injury occurs. However, there are some exceptions that can extend the time required to file an action. One of them is known as the discovery rule which states that the statute of limitations clock cannot begin until the injury is discovered or reasonably should have been discovered. This is usually encountered in cases involving concealed issues, such as asbestos exposure or medical malpractice claims.

Another exception is for minors who have one year from the age of 18 to start litigation, even when 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 events and situations like military service or involuntary mental hospitalization. There is also the extension of the statute of limitations for fraud or willful misrepresentation.

Damages

Damages are the compensation paid to the victim of a tort (wrongful act). There are two main types of damages: punitive and compensatory. Compensatory damages aim to compensate the plaintiffs and to make them whole after an injury. Punitive damages are meant to punish defendants for fraud, malicious acts that caused harm, or gross negligence.

The amount of damages you are able to claim is highly subjective, and is based on each case's unique facts. A personal injury lawyer with years of experience can assist you with logging your losses in full. This will increase your chances of receiving the maximum amount possible. For example your lawyer could use expert witnesses to testify on the extent of your pain and suffering, or a psychological or psychiatric expert witness to strengthen your claim for emotional distress.

To get the maximum compensation, it is essential to record your current and future losses. Your attorney will help you keep a detailed record of your financial losses and expenses incurred as well as the amount of the future loss of income. This can be quite complicated and often requires making estimates based on the severity of your injury and its permanent disability, which requires the assistance of experts.

If the defendant has insufficient insurance coverage to pay your claims, you are able to get a civil judgement against them personally. However, this could be difficult if the defendant has a substantial amount of assets or is a corporation with multiple assets.

Statute of Repose

There are some differences between statutes of limitation and statutes of repose. Both limit the time a plaintiff is able to file a claim claiming injury however, there are certain similarities. Statutes are procedural, forward-looking and injured substantive.

In short it's a simple definition: a statute of repose is a law that sets the deadline by which legal actions are barred -- without the same exceptions as a statute of limitation. It is common for a statute of repose to be applied to cases involving construction defects, products liability lawsuits, and medical malpractice claims.

The most significant difference is that whereas the statute of limitations usually starts to run when a plaintiff is injured or learns of their loss, a statute of repose generally begins to run when an incident triggers it. This can be a problem in product liability cases. It could take a long time before a plaintiff buys and utilizes a product and the company becomes aware of any flaws.

Due to these distinctions, it's important for injured victims to speak with a personal injury lawyer near them before the applicable statutes of limitation and statutes of repose run out. Michael Ksiazek is a partner at the Stark & Stern's Yardley, PA office and is focused on Accident & Personal Injury Law. Contact him now for an initial consultation for no cost.

Duty of Care

A duty of care is the obligation people owe others to exercise reasonable caution when doing something that could lead to harm. It is generally considered negligence when a person fails perform their duty of care and someone gets injured as a result. A company or person has an obligation of care towards the public in a variety of situations. This includes doctors preparing tax returns, accountants making tax returns, and store owners clearing snow from sidewalks to ensure people do not fall and harm themselves.

To be able to claim damages in a tort case you will need to show that the person who injured you was bound by a duty of care, that they violated that duty of care, and that their negligence was the sole and primary cause of your injuries. The standard of care is usually determined by what other doctors would do under similar circumstances. For instance in the event that a doctor does surgery on the wrong leg, it may be considered to be a breach of obligation because other surgeons in similar circumstances would most likely examine the patient's chart in a correct manner.

It is vital to note that the standard of care must not be too high that it imposes unlimited liability on all parties. It is a balance which is vetted by juries in jury trials as well as judges in bench trials.