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What Makes Injury Legal?
The term"injury" legal is used to describe the harm or loss an individual suffers as a result from another party's negligent actions or indefensible actions. It is a part of the tort law.
The most obvious type of injury is one that is bodily which includes things such as whiplash, concussion, and broken bones. It is crucial to seek medical assistance for these injuries.
Statute of Limitations
The law sets a time limit, called the statute of limitations, within which an injured person has the option of filing a lawsuit. If you don't comply with the law, your claim will be "time-barred" and you won't be able claim compensation for your losses. The particulars of the statute of limitations can differ between states, and each kind of claim has its own particular time period as well.
The "clock" of the statute of limitations typically starts ticking when the incident or accident that caused the injury lawsuits occurs. However, there are several exceptions that may extend the time required to file a lawsuit. The discovery rule is one such exception. It states that the clock of the statute of limitations is not set until the injury has been identified or ought to have been discovered. This is typically encountered in cases involving concealed conditions, like asbestos exposure or certain medical malpractice claims.
Another exception is for minors, who have a year following their 18th birthday to begin lawsuits, even though the statute of limitations will normally expire before they reach the age of 19. There is also the "tolling" provision, which suspends the limitations period during certain events and situations, such as military service or involuntary mental hospitalization. The statute of limitations can be extended for fraud or deliberate concealment.
Damages
Damages are a form of compensation given to the victim of the tort (wrongful act). There are two main types of damages: punitive and compensatory. Compensatory damages are meant to compensate plaintiffs for their losses and injuries are designed to restore them after an injury, whereas punitive damages are intended to punish the defendant for fraud, a malicious act that caused harm or gross negligence.
The amount of damages awarded is dependent and based on the specific facts of each case. A personal injury lawyer who has experience can assist you with logging your full losses. This increases your odds of receiving the maximum amount possible. For instance your lawyer could use expert witnesses to testify on the severity of your pain and suffering or a psychologist or psychiatrist expert witness to support your claim for emotional distress.
Obtaining maximum compensation requires careful documentation of your present and future economic losses. Your attorney will assist you keep detailed records of financial losses and expenses incurred in addition to the value of your lost income in the future. This can be difficult and often requires calculating 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, then you can seek a civil judgment against them personally. However, this can be very difficult unless the defendant has significant assets or is a corporate entity with multiple assets.
Statute of Repose
There are some differences between statutes of limitation and statutes de repose. Both restrict the time a plaintiff is able to file a claim claiming injury however there are some commonalities. Statutes are procedural, forward-looking and substantive.
In a nutshell the simplest terms, a statute of repose is a law that establishes a hard deadline after which legal actions are barred -without the same exceptions as a statute of limitation. It is common for statutes of repose to be applied to construction defect cases, products liability lawsuits and medical malpractice claims.
The biggest difference is that whereas the statute of limitations usually runs when the plaintiff is injured or learns of their loss, a statute of repose typically begins to run when an event triggers it. This can be a challenge in cases involving product liability. It could take several years before a plaintiff purchases and uses a product and the company is aware of any flaws.
Due to these distinctions, it is important that injured victims consult a personal attorney before the statutes that apply to them expire. Michael Ksiazek, a partner in Stark & Stark’s Yardley office, concentrates on Accident and Injury Law. Contact him now for an initial consultation for no cost.
Duty of Care
A duty of care is a duty one owes to others to exercise reasonable care when doing something that may be predicted to cause harm. It is generally considered negligence when an individual fails to comply with their obligation of care and someone is injured due to the negligence. A person or company has a duty of caring to the public in a variety of situations. This includes doctors who are preparing tax returns, accountants preparing tax returns, and store owners clearing snow from sidewalks so that people don't get injury themselves.
To successfully claim damages in a tort claim you will need to show that the person who injured you was owed the duty of care, and that they violated that duty of care and that their negligence was the primary and direct cause of your injuries. The standard of care is typically determined by what other experts would do in similar situations. For example when a doctor performs surgery on the wrong leg, it could be considered a breach in obligation because other surgeons in similar circumstances will likely examine the patient's chart in a correct manner.
It is also important to remember that the standard of care cannot be so high that it will make it impossible to impose liability on all parties. This is a balance that is vetted by juries in jury trials, as well as judges in bench trials.
