What Makes Injury Legal?

Legal injury is a term used to describe the loss or harm that a person suffers 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. These injuries should be treated by a medical professional.

Statute of Limitations

The law establishes an amount of time, referred to as the statute of limitations, injured within which an injured person is able to file an action. Failure to file a lawsuit will result in the claim being "time barred" and the injured party cannot claim compensation for their losses. The time period for the statute of limitations differs from state to state, and also by type of case.

The "clock" of the statute of limitations typically starts ticking when the accident or incident that caused the injury occurs. There are some exceptions to the standard that may extend the time to file a lawsuit. One of these exceptions is known as the discovery rule, which states that the clock for the statute of limitations doesn't begin until the injury is discovered or reasonably ought to have been discovered. This is most commonly seen in cases involving hidden issues, such as asbestos exposure or certain medical malpractice claims.

Another exception applies to minors, who have a year from the age of 18 to start litigation, even though the statute of limitations would normally run before they reach age 19. There is also the "tolling" provision that extends the limitation period for certain circumstances like military service and involuntary mental hospitalization. Finally, there is the extension of the statute of limitations in the event of willful concealment or fraud. misrepresentation.

Damages

Damages are the amount of compensation that is paid to the victim of an offense (wrongful act). There are two kinds of damages: punitive and compensatory. Compensatory damages aim to compensate plaintiffs and ensure they are fully compensated after an injury. Punitive damages are intended to punish the defendants for fraud, malicious actions that cause harm, or for gross negligence.

The amount of damage is highly subjective, and based on the specific facts of each case. An experienced personal injury attorney can help you document the totality of your losses. This will increase your chances of obtaining the maximum amount of compensation that you are able to. Your lawyer may call in expert witnesses to describe the severity of your pain and suffering or to back up your claim for emotional distress.

To get the maximum compensation, you must record your losses now and in the future. Your lawyer will assist in keeping meticulous documents of the expenses and financial losses that you incur, as well as calculating the amount of future lost income. Experts are often required to calculate estimates based on the permanent impairment or disability that results from your injury.

If the defendant does not have sufficient insurance to cover your claims, you may be able to obtain a civil lawsuit against them. But, this is difficult if the defendant is a large asset or is a company with multiple assets.

Statute of Repose

There are some distinctions between statutes of limitation and statutes de repose. Both limit the time a plaintiff can bring a claim for injury however, there are certain similarities. Statutes are procedural, forward-looking, and substantive.

A statute of repose, as it's known it's a law that establishes a time frame when legal action can be not allowed - without the exceptions as a statute or limitations would provide. A statute of repose is typically applied to product liability suits, and medical malpractice claims.

The most significant difference is that while a statute of limitations typically is in effect when the plaintiff is injured or learns of their loss the statute of repose generally begins to run when an event triggers it. This can be a problem in product liability cases. It can take years before a plaintiff buys and uses a product and the company becomes aware of any flaws.

Due to these differences 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 before the applicable statutes of limitation and statutes of repose expire. Michael Ksiazek is a partner at the Stark & Stern's Yardley, PA office and is focused on Accident and Personal Injury Law. Contact him today for free consultation.

Duty of Care

A duty of care is an obligation one owes to others to exercise reasonable care when performing a task that could be predicted to cause harm. It is usually regarded as negligence when an individual fails to fulfill their duty of care and a person is injured in the process. A business or individual has the obligation of care to the public in a variety of situations. This includes doctors who prepare tax returns, accountants making tax returns, and store owners clearing snow off the sidewalks so that people don't get injury themselves.

To successfully claim damages in a case of tort it is necessary 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 level of care required is usually determined by what other experts do in similar circumstances. If a surgeon makes a surgical procedure on the wrong leg, this may be considered a breach of duty, since other surgeons would have be able to read the chart correctly in similar circumstances.

It is crucial to remember, too, that the standard of care should not be so high that it imposes the same liability to all parties. In jury trials, and in bench trials the balance is scrutinized by juries as well as judges.