What Makes Injury Legal?

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

The most obvious accident is a bodily affliction, which includes concussions, whiplash, and broken bones. These injuries should be treated by an expert medical professional.

Statute of Limitations

The law sets a deadline, known as the statute of limitations within which a person injured can bring a lawsuit. If you do not comply, your claim will be "time-barred" and you won't be able to claim compensation for your losses. The time-limit for claims varies from states to states and by type of case.

The statute of limitations "clock" typically starts ticking at the time the accident or incident that resulted in injury Law Firms occurs. However, there are a few exceptions that could extend the time needed to file an action. The discovery rule is one such exception. It states that the clock for the statute of limitations is not set until the injury has been discovered or should have reasonably been discovered. This is usually seen in cases where injuries are concealed, such as asbestos or injury law firms certain medical malpractice claims.

A minor can also be granted an extra year to file a lawsuit even when the statute of limitations would typically expire before turning 19. There is also the "tolling" provision that suspends the limitations period in certain circumstances, such as military service or involuntary mental hospitalization. The statute of limitation can be extended in the event of fraud or willful concealment.

Damages

Damages are compensation paid to the victim of an offense (wrongful act). There are two kinds of damages: punitive and compensatory. Compensatory damages are intended to compensate the plaintiffs and make them whole after an injury. Punitive damages are used to punish defendants for fraudulent acts, devious acts that caused harm, or gross negligence.

The amount of damages awarded is subjective and based upon the unique facts of each case. A seasoned personal injury lawyer can assist you in documenting the complete extent of your losses. This will increase your chances of receiving the maximum amount possible. Your lawyer might call in experts to provide evidence of the extent of your suffering, or to support your claim for emotional distress.

In order to receive the maximum amount of compensation, you must carefully document your losses now and in the future. Your lawyer will help you keep detailed records of costs and financial losses you incur and the value of your future income loss. This can be quite complicated and usually involves formulating estimates based on your injury's permanent impairment or disability which requires the assistance of experts.

If the defendant's insurance coverage is inadequate, insurance coverage to cover your claims, you are able to get a civil judgement against them personally. This can be extremely difficult unless the defendant is a large asset or is a corporate entity with multiple assets.

Statute of Repose

There are some distinctions between statutes of limitation and statutes de repose. Both restrict the time the plaintiff has to file a claim claiming injury, but there are also some similarities. Statutes of limitations are procedural and forward-looking while statutes of repose are substantive and forward-looking.

In short an esoteric sense, a statute or repose is a law that establishes an absolute deadline within which legal actions are barred -with the same exceptions as the statute of limitations. A statute of repose can be used in product liability suits and medical malpractice claims.

The most significant difference is that whereas the statute of limitations generally is in effect when the plaintiff is injured or learns of their loss, a statute of repose typically begins running when an event triggers it. This can be a problem in cases involving product liability. It could take several years before a plaintiff purchases and utilizes a product and the company is aware of any issues.

Because of these differences and the fact that there are a variety of different laws, it is important for victims of injuries to speak with a personal injury attorney near them prior to when the applicable statutes of limitation and repose statutes run out. Michael Ksiazek is a partner at the firm of Stark & Stark's Yardley, PA office and concentrates on Accident & Personal Injury Law. Contact him today for no-cost consultation.

Duty of Care

A duty of care is an obligation one owes to others to exercise reasonable care when doing something that could foreseeably cause harm. If a person fails fulfill a duty of care, and someone is injured as a result, this is deemed to be negligence. A person or company has an obligation of care towards the public in many situations. This includes doctors preparing tax returns, accountants preparing tax returns and store owners removing snow off the sidewalks so that people don't slip and injury themselves.

To successfully seek damages in a tort case you must establish that the party that injured you had the duty of care, that they breached their duty of care, and that their breach was the primary and most direct cause of your injury. The quality of care is typically determined by what other professionals do in similar circumstances. For example when a doctor performs surgery on the wrong leg, it could be considered a breach of duty since other surgeons operating in the same circumstances would likely read the patient's chart correctly.

It is important to remember that the standard of care can't be so high as to limit liability to all parties. This balance is carefully scrutinized by juries in jury trials as well as judges in bench trials.