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What Makes Injury Legal?

Legal injury is a term used to describe the harm or loss suffered by an individual as a result of the negligence or wrongdoing of another's actions. It is a part of tort law.

The most obvious accident is a bodily affliction that can result in concussions whiplash, and broken bones. It is essential to seek medical help for these injuries.

Statute of limitations

The law establishes an amount of time, referred to as the statute of limitations, within which an injured person can file an action. In the event of a delay, it will result in the claim being "time barred" and the injured party will not be able to get compensation for their losses. The specifics of the statute of limitations can differ from state to state, and each kind of instance has its own distinct time period as well.

The "clock" of the statute of limitations typically begins to tick when the incident or accident that caused the injury occurs. However, there are many exceptions that could extend the time needed to file lawsuits. One of these exceptions is known as the discovery rule, which states that the clock for the statute of limitations cannot begin until the injury is discovered or ought to have been discovered. This is most commonly seen in situations where the cause is hidden, such asbestos or certain medical malpractice claims.

A minor may be granted an additional year to file a lawsuit, even though the statute would normally expire before turning 19. There is also the "tolling" provision that suspends the limitations period during certain situations and events such as military service or involuntary mental hospitalization. Then, there's the statute of limitations extension for willful concealment or fraudulent falsification.

Damages

Damages are a form of compensation given to the victim of a tort (wrongful act). There are two types of damages: punitive and compensatory. Compensation damages are designed to compensate the plaintiffs and restore them to their fullness after an injury. Punitive damages are meant to punish defendants for injured fraud, malicious actions that caused harm or gross negligence.

The amount of damages is extremely subjective and based on the specific facts of each case. An experienced personal injury lawyer attorney can assist you in documenting the extent of your losses. This will improve your chances of obtaining the maximum amount of compensation you can get. Your lawyer may call in experts to provide evidence of the severity of your suffering or to back up your claim for emotional distress.

In order to maximize compensation, you need to take care in the documentation of your current and future economic losses. Your lawyer will help you keep detailed records of expenses and financial losses incurred as well as the value of your future lost income. This can be complicated and often involves making estimates based on your injury's permanent impairment or 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. This can be difficult unless the defendant is a large corporation or has multiple assets.

Statute of Repose

There are some differences between statutes of limitation and statutes of repose. Both restrict the time a plaintiff can file a claim claiming injury however, there are some similarities. Statutes are procedural, forward-looking and substantive.

A statute of repose, as it's known, is a law which specifies a timeframe that must be met before legal action is closed - without the exceptions as a statute or limitations provide. A statute of repose is typically used in cases involving defective construction, products liability suits, and medical malpractice claims.

The biggest difference is that whereas the statute of limitations usually starts to run when a plaintiff is injured or learns of their loss however, a statute of repose generally begins to run when an incident triggers it. This is a concern in cases involving product liability. It could take several years before a plaintiff buys and uses a product and the company is aware of any defects.

Due to these distinctions and the fact that there are a variety of different laws, it is important for injured victims to speak with a personal injury attorney near them prior injured to when the applicable statutes of limitations and statutes of repose expire. Michael Ksiazek is a partner at Stark & Stark's Yardley, PA office and focuses on Accident & Personal Injury Law. Contact him today to arrange a free consultation.

Duty of Care

A duty of care is a duty that a person owes others to exercise reasonable caution when doing something that could cause harm in the future. It is typically regarded as negligent when a person fails to fulfill their duty of care, and someone is injured due to the negligence. A business or individual has a duty of caring to the public in various situations. This includes doctors who prepare tax returns, accountants making tax returns and store owners removing snow off sidewalks to ensure that people do not fall and harm themselves.

In order to successfully claim damages in a tort lawsuit you must prove that the party who injured you was bound by a duty of care, that they violated their duty of care, and that their breach was the direct and proximate cause of your injury. The standard of care is usually determined by what other doctors do in similar situations. If a surgeon performs surgery on the wrong leg, this may be considered a breach of duty, since other surgeons be able to read the chart correctly in similar circumstances.

It is important to remember that the standard of care cannot be so high that it could limit liability to all parties. In jury trials, and in bench trials, the balance is carefully scrutinized by juries as well as judges.