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What Makes Injury Legal?

Injury legal is a term used to define the harm or loss that a person suffers due to an other person's negligent or illegal actions. It is a part of tort law.

The most obvious accident is a bodily affliction, which includes concussions, whiplash, and fractured bones. These injuries must be treated by a medical professional.

Statute of Limitations

The law sets a timeframe, called the statute of limitations, within which an individual who has been injured may make a claim. In the event of a delay, it will result in the claim being "time barred" and the victim will not be able get compensation for their losses. The specifics of the statute of limitations can differ from state to state, and each type of case has its own time frame.

The "clock" of the statute of limitations typically begins to tick once the accident or incident which caused the injury occurs. However, there are some exceptions that could extend the time to file a lawsuit. The discovery rule is one such exception. It states that the statute-of-limitations clock is not set until the injury has been identified or should have reasonably been discovered. This is most commonly observed in cases that involve hidden conditions, such as asbestos exposure or medical malpractice claims.

A minor can be granted an additional year to file a lawsuit, even although the statute would usually expire before turning 19. There is also the "tolling" provision, which suspends the statute of limitations in certain situations or events like military service or involuntary mental health obligations. The statute of limitation can be extended in the event of fraudulent misrepresentation or willful concealment.

Damages

Damages are a form of compensation given to the victim of the tort (wrongful act). There are two kinds of damages: compensatory and punitive. Compensation damages are designed to compensate plaintiffs and make them whole after an injury. Punitive damages are designed to penalize defendants who committed fraudulent acts, injured devious actions that caused harm or gross negligence.

The amount of damage is extremely subjective and based on the unique circumstances of each individual case. A personal injury lawyer with years of experience will assist you in capturing the full extent of your losses. This will increase your odds of obtaining the maximum amount of compensation that you are able to. For instance, your lawyer may use experts as witnesses to prove the severity of your suffering and pain, or a psychologist or psychiatrist expert witness to bolster your emotional distress claim.

To get the maximum amount of compensation, you should carefully record your current and future losses. Your lawyer will assist you to keep detailed records of expenses and financial loss incurred as well as the amount of the future loss of income. This can be a bit complicated and often requires the calculation of estimates based upon the severity of your injury and its permanent disability and requires the assistance of experts.

If the defendant does not have enough insurance coverage to cover your claims, you may seek a civil judgment against them personally. This isn't always easy unless the defendant is a large corporation or has multiple assets.

Statute of Repose

While statutes of limitations and statutes of repose limit the amount of time a plaintiff must wait to file an injury claim however, there are some significant differences between the two. Statutes of limitation are procedural and forward-looking, whereas statutes of repose are substantive, and look backwards.

In simple terms an esoteric sense, a statute or repose is a law that imposes an exact deadline for when legal actions are barred -without the same exceptions as the statute of limitations. It is typical for a statute of repose to apply to construction defect cases, product liability lawsuits, as well as medical malpractice claims.

The biggest difference is that, while the statute of limitations usually begins to run when the plaintiff is hurt or becomes aware of their loss and a statute of restraint typically begins to run when an incident triggers it. This can be a challenge in product liability cases. It can take years before a plaintiff buys and uses a product, and the company becomes aware of any issues.

Due to these variations in the law, it is essential that injured victims consult an attorney prior to the statutes that apply to them expire. Michael Ksiazek is a partner at Stark & Stark's Yardley, PA office and is focused on Accident & Personal Injury Law. Contact him for a no-obligation consultation.

Duty of Care

A duty of care is a duty that a person owes others to exercise reasonable care when doing something that may be expected to cause harm. If a person fails to meet a duty of diligence, and someone is injured as a result, this is considered negligence. There are a myriad of circumstances where a person or company owes a duty of care to the public, for example accountants and doctors who prepare taxes and store owners cleaning snow and ice off sidewalks to stop people from falling and injuring themselves.

To be able to claim damages in a negligence case you must prove that the party who injured you owed a duty of duty and breached their duty of duty, and that their breach caused your injury. The standard of care is generally established by what other medical professionals would do in similar situations. If a surgeon performs surgery on the wrong leg the procedure could be regarded as a breach of duty, since other surgeons take the correct chart under similar circumstances.

It is important to keep in mind, too, that the standard of care must not be excessive that it creates an unlimited liability on all parties. It is a balance which is vetted by juries in jury trials as well as judges in bench trials.