What Makes Injury Legal?
Injury legal is a term used to describe the loss or damage suffered by an individual due to an other person’s negligent or illegal actions. It is a part of tort law.
The most obvious form of injury is one that is bodily, which includes things like concussion, whiplash and broken bones. It is important to seek medical treatment for these injuries.
Statute of Limitations
The law imposes a time limit, called the statute of limitations within which an injured person can file an action. Failure to comply with this deadline will result in the claim being “time barred” and the injured party will not be able receive compensation for their losses. The details of the statute of limitation vary from state to state and each kind of case has its own time frame as well.
The statute of limitations “clock” typically starts ticking when the accident or incident that resulted in injury occurs. There are some exceptions to the rule, which can extend the time for filing a lawsuit. One such exception is known as the discovery rule which states that the clock for the statute of limitations is not set until the injury is discovered or should have been discovered. This is seen most often in cases where conditions are hidden, such asbestos or certain medical malpractice claims.
Another exception is for minors who have a year after 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 allows the limitations period to be suspended during certain circumstances, such as military service or involuntary mental hospitalization. The statute of limitations could be extended for fraud or deliberate concealment.
Damages
Damages are compensation paid to the victim of the tort (wrongful act). There are two main types of damages: punitive and compensatory. Compensatory damages are intended to compensate the plaintiffs and restore them to their fullness after an injury. Punitive damages are meant to punish the defendants for fraudulent acts, devious acts that caused harm, or gross negligence.
The amount of damages is highly subjective and injured is based on the unique circumstances of each individual case. A personal injury lawyer with years of experience can help you document the full extent of your losses. This increases your odds of receiving the maximum amount possible. Your lawyer might call in expert witnesses to describe the extent of your pain and suffering or to back up your claim for emotional distress.
In order to maximize compensation, you need to take care in the documentation of your current and future economic losses. Your attorney will help you keep a detailed record of all costs and financial losses you incur as well as the value of your future lost income. Experts are often needed to determine estimates based on the permanent impairment or disability of your injury.
If the defendant does not have sufficient insurance to cover your claims, you might be able pursue an injunction against them. This can be difficult unless the defendant is a major company or has multiple assets.
Statute of Repose
While statutes of limitations and statutes of repose limit the amount of time a plaintiff has to file a lawsuit There are a few notable differences between the two. Statutes of limitations are procedural and forward-looking while statutes of repose are substantive and backward-looking.
In simple terms it’s a simple definition: a statute of repose is a law that imposes a hard deadline after which legal actions are barredbut without the same exemptions as a statute of limitation. It is common for a statute of repose to be applied to construction defect cases, product liability lawsuits, as well as medical malpractice claims.
The most significant difference is that whereas the statute of limitations typically is in effect when the plaintiff is injured or learns of their loss the statute of repose usually begins to run when an event triggers it. This can be a challenge in cases involving product liability. It can take years before a plaintiff purchases and utilizes a product and the company is aware of any issues.
Due to these distinctions, it’s important for injured victims to speak with a personal injury attorney near them prior to when the applicable statutes of limitation and statutes of repose expire. Michael Ksiazek is a partner at the Stark & Stern’s Yardley, PA office and focuses on Accident and Personal Injury Law. Contact him today to arrange no-cost 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 foreseeably cause harm. It is generally considered negligence when someone fails to fulfill their duty of care and someone is injured as a result. A person or company has the obligation of care to the public in many instances. This includes doctors who are preparing tax returns, accountants making tax returns, and store owners clearing snow off sidewalks to ensure that people don’t fall and harm themselves.
To successfully seek damages in a tort claim you must prove that the party who injured you was bound by a duty of care, that they breached their duty of care, and that their breach was the primary and most direct reason for your injury. The level of care required is usually determined by what other doctors apply in similar circumstances. For instance in the event that a doctor does surgery on the wrong leg, it could be considered to be a breach of obligation because other surgeons in the same circumstances would likely read the patient’s chart correctly.
It is important to keep in mind, too, that the standard of care must not be so high that it imposes no limit on liability for all parties. This is a balance that is carefully reviewed by juries in jury trials as well as judges in bench trials.