What Makes Injury Legal?

Legal injury is a term used to describe the harm or loss that an individual suffers as a result of an other person's negligent or illegal actions. It is a part of tort law.

The most obvious accident is a bodily affliction that includes concussions, whiplash, fractured bones, and whiplash. It is essential to seek medical assistance for these injuries.

Statute of Limitations

The law sets a deadline known as the statute of limitations within which an individual who has been injured may file a lawsuit. If you fail to comply with the statute of limitations, your claim is "time-barred" and you won't be able recover compensation for your losses. The particulars of the statute of limitations vary from state to state, and each kind of instance has its own distinct time frame.

The statute of limitations "clock" typically starts ticking at the time that the accident or incident that caused injury occurs. There are some exceptions to the standard that may extend the time for filing a lawsuit. One of them is known as the discovery rule which states that the clock for the statute of limitations is not set until the injury is discovered or reasonably should have been discovered. This is most commonly seen in cases involving hidden circumstances, such as asbestos exposure or certain medical malpractice claims.

Another exception is for minors who have one year from their 18th birthday to initiate litigation even although the statute of limitations would normally run before they reach the age of 19. There is also the "tolling" provision that suspends the limitations period in certain events and situations, such as military service and involuntary mental hospitalization. The statute of limitations can be extended for injury attorney fraud or willful concealment.

Damages

Damages are compensation that is paid to the victim in the aftermath of an act of wrongdoing or tort. There are two main types of damages: punitive and compensatory. Compensatory damages are meant to compensate plaintiffs and make them whole after an injury. Punitive damages are used to punish defendants for fraud, malicious actions that caused harm or for gross negligence.

The amount of damages is highly subjective and is based on the specific facts of each case. An experienced personal injury attorney can help you document the full extent of your losses. This will improve your chances of receiving the highest amount of compensation possible. Your lawyer may call in expert witnesses to describe the extent of your pain and suffering or to back up your claim for emotional distress.

Obtaining maximum compensation requires careful documentation of your current and future economic losses. Your attorney will assist you keep a detailed record of all expenses and financial losses incurred and the value of your lost income in the future. Experts are often needed to determine estimates based on the permanent impairment or disability caused by your injury.

If the defendant is not covered by insurance coverage to pay your claims, you are able to obtain a civil judgment 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 both limit the amount of time a plaintiff must wait to file a claim for damages however, there are some significant differences 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 simple terms, a statute of repose is a law that imposes an exact deadline for when legal actions are barred -- without the same exceptions as a statute of limitations. A statute of repose is typically used in product liability suits, and medical malpractice claims.

The main difference is that while the statute of limitations generally starts to run when a plaintiff is injured or learns of their loss, a statute of repose typically begins to run when an incident triggers it. This can be a problem in cases involving product liability. It could take years before a plaintiff buys and utilizes a product and the company becomes aware of any defects.

Because of these differences, it's important that victims of injury consult with a personal injury attorney close to them before the applicable statutes of limitations and repose statutes expire. Michael Ksiazek is a partner at the Stark & Stern's Yardley, PA office and is focused on Accident & Personal Injury Law. Contact him today to arrange a free consultation.

Duty of Care

A duty of care is the obligation one has to other people to exercise a reasonable amount of caution when doing things which could cause harm. It is typically regarded as negligent when someone fails to comply with their obligation of care and someone gets injured in the process. There are a variety of situations in which a person or company is bound by a duty of care to the public, including doctors and accountants preparing taxes and store owners who clear snow and ice from sidewalks to stop people from falling and causing injury to themselves.

To be able to claim damages in a negligence case you must prove that the party who injured you had obligations to you and acted in breach of this duty duty and that their negligence caused your injury. The standard of care is generally determined by what other doctors would do under similar circumstances. If a surgeon makes a surgical procedure on the wrong leg, this may be considered unprofessional conduct, because other surgeons would follow the chart in similar circumstances.

It is also important to note that the standard of care must not be high enough to create a liability that is unlimited for all parties. In jury trials, as well as in bench trials the balance is evaluated by juries as well as judges.