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What Makes Injury Legal?
injury law firm legal is a term used to describe the loss or harm suffered by an individual as a result of another party's negligent or wrongful actions. It is a part of tort law.
The most obvious damage is a bodily injury which can include concussions whiplash, and fractured bones. These injuries must 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 start a lawsuit. If you fail to meet the deadline, your claim will be "time-barred" and you won't be able claim compensation for your losses. The specifics of the statute of limitations differ from state to state, and each type of case has its own time frame.
The statute of limitations "clock" generally starts to tick at the time the accident or incident causing injury occurs. There are a few exceptions to the standard that may prolong the time required to file a lawsuit. One such exception is known as the discovery rule which states that the statute of limitations clock is not set until the injury is discovered or ought to have been discovered. This is typically found in cases involving hidden circumstances, such as asbestos exposure or medical malpractice claims.
Another exemption is for minors who have a year after their 18th birthday to begin litigation even although the statute of limitations typically runs before they reach age 19. There is also the "tolling" provision, which allows the limitations period to be suspended during certain situations and events including military service or involuntary mental hospitalization. There is also the extension of the statute of limitations for fraud or willful misrepresentation.
Damages
Damages are the compensation paid to the victim of an act of tort (wrongful act). There are two basic types of damages: compensatory and punitive. Compensatory damages are intended to compensate plaintiffs and ensure they are fully compensated after an injury. Punitive damages are meant to punish the defendants for fraudulent acts, devious acts that caused harm, or for gross negligence.
The amount of damage is highly subjective, and based on each case's unique facts. An experienced personal injury attorney will assist you in documenting the full extent of your losses. This will improve your chances of obtaining the maximum amount of compensation possible. For example the lawyer might use experts to testify about the extent of your suffering and pain, or a psychologist or psychiatrist expert witness to support your claim for emotional distress.
To get the maximum amount of compensation, you must have careful documentation of your present and future economic losses. Your lawyer will assist in keeping detailed documents of the expenses and financial losses that you incur, and also calculating the value of your future loss of income. This can be difficult and often involves calculating estimates based on your injury's permanent impairment or disability, which requires the assistance of experts.
If the defendant is not covered by insurance coverage to cover your claims, you may get a civil judgement against them personally. This can be a challenge unless the defendant is a large company or has multiple assets.
Statute of Repose
There are some differences between statutes of limitation and statutes de repose. Both limit the amount of time a plaintiff has to file a claim claiming injury however, there are some similarities. Statutes of limitations are a procedural and forward-looking law statutes of repose are substantive and forward-looking.
A statute of repose, as it's known it's a law that sets a deadline after which legal action is barred - without the same exceptions as a statute or limitations provide. A statute of repose is often applied to cases involving defective construction, products liability suits, and medical malpractice claims.
The most notable difference is that whereas the statute of limitations typically runs when the plaintiff suffers harm or discovers their loss, a statute of repose generally begins to run when an incident triggers it. This can be a problem in cases involving product liability. It can take years before a plaintiff purchases and uses a product and the company becomes aware of any defects.
Due to these differences, it's important for injured victims to speak with a personal injury attorney close to them before the applicable statutes of limitation and statutes of repose run out. Michael Ksiazek is a partner at Stark & Stark's Yardley, PA office and concentrates on Accident & Personal injury lawsuit Law. Contact him for a free consultation.
Duty of Care
A duty of care is a duty one owes to others to exercise reasonable caution when doing something that may foreseeably cause harm. It is generally considered negligence when someone fails to perform their duty of care and Injury someone gets injured as a result. There are a variety of situations in which a person or company is bound by a duty of care to the public, including accountants and doctors who prepare tax returns and store owners clearing snow and ice off sidewalks to stop people from falling and injuring themselves.
To be able to claim damages in a case of negligence, you must prove that the person who injured you was in obligations to you and acted in breach of this duty duty and that their breach caused your injury. The standard of care is generally established by what other medical professionals would do in similar circumstances. For instance when a doctor performs surgery on the wrong leg, it may be considered a breach in obligation because other surgeons in similar circumstances could be able to read the patient's record correctly.
It is also important to remember that the standard of care should not be so high that it could limit liability to all parties. In jury trials, and in bench trials the balance is assessed by juries and judges.
