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What Makes Injury Legal?

Injury legal is a term used to describe the harm or loss sustained by a person due to an individual's negligent or unlawful actions. It falls under the umbrella of tort law.

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

Statute of Limitations

The law sets a deadline called the statute of limitations, within which an injured person can start a lawsuit. Failure to comply with this deadline will result in the claim being "time barred" and the party who was injured is not able to get compensation for their losses. The particulars of the statute of limitations differ between states, and each type of instance has its own distinct time frame as well.

The "clock" of the statute of limitations typically begins to tick once the accident or incident that caused the injury occurs. There are a few exceptions to the rule, which can extend the time to file a lawsuit. The discovery rule is an exception. It states that the clock of the statute of limitations doesn't begin until the injury has been identified or should have reasonably been discovered. This is often found in cases involving hidden conditions, like asbestos exposure or certain medical malpractice claims.

Another exception is for minors who have one year from their 18th birthday when they can initiate litigation even though the statute of limitations would normally run before they reach age 19. Then there is the "tolling" provision that suspends the statute of limitations during certain events or situations like military service or involuntary mental health obligations. The statute of limitations can be extended for fraudulent misrepresentation or intentional concealment.

Damages

Damages are a form of compensation that is given to the victim in the aftermath of an act of wrongdoing or tort. There are two types of damages - punitive and compensatory. Compensatory damages are meant to compensate plaintiffs for their losses and are intended to help them recover after an injury, while punitive damages punish the defendant for fraud, an ill-intentional act that caused harm or 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 increase your odds of receiving the highest amount of compensation you can get. For instance your lawyer could employ expert witnesses to testify on the extent of your pain and suffering, or a psychologist or psychiatrist expert witness to support your claim for emotional distress.

In order to receive the maximum amount of compensation, you must document your current and future losses. Your attorney will assist you with keeping detailed records of the expenses and financial losses incurred as well as calculating the value of any future loss of income. This can be a bit complicated and usually involves the calculation of estimates based upon the permanent impairment caused by your injury or disability that requires the help of experts.

If the defendant is not covered by insurance coverage to pay your claims, you may seek a civil judgment against them personally. But, this is extremely difficult unless the defendant has significant assets or is a corporate entity with multiple assets.

Statute of Repose

While statutes of limitations and statutes of repose limit the amount of time a plaintiff must wait to file a claim for damages, there are some notable distinctions between the two. Statutes are procedural, forward-looking and substantive.

A statute of repose, as it's known is a law that sets a deadline within which legal action is prohibited - with the same limitations that a statute limitations would provide. It's common for a statute of repose to be applied to construction defect cases, products liability lawsuits as well as medical malpractice claims.

The most significant difference is that while the statute of limitations typically is in effect when the plaintiff suffers harm or discovers their loss and a statute of restraint usually begins to run when an incident triggers it. This can be a challenge in cases involving product liability. It could take several years before a plaintiff purchases and utilizes a product and the company becomes aware of any defects.

Due to these variations, it is important that injury victims consult with a personal attorney before the applicable statutes expire. Michael Ksiazek is a partner at the Stark & Stern's Yardley, PA office and concentrates on Accident & Personal Injury Law. Contact him today to arrange free 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 foreseeably cause harm. If someone fails to perform a duty of care and a person is injured due to it, it is considered to be negligence. A business or individual has an obligation to care for injury the public in a variety of situations. This includes doctors who prepare tax returns, accountants who prepare tax returns and store owners removing snow from sidewalks so that people don't get injury themselves.

In order to successfully claim damages in a tort case it is necessary to establish that the party that injured you had the duty of care, that they violated their duty of care, and that their negligence was the sole and primary cause of your injury. The standard of care is typically determined by what other professionals apply in similar circumstances. For instance, if a doctor performs surgery on the wrong leg, it may be considered to be a breach of duty because other surgeons working in the same circumstances would likely be able to read the patient's record correctly.

It is important to keep in mind, too, that the standard of care should not be too high that it imposes an unlimited liability on all parties. It is a balance that is vetted by juries in jury trials and judges in bench trials.