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What Makes Injury Legal?

Legal injury is a term used to define the harm or loss 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 injury is a bodily injury that can result in concussions whiplash, and fractured bones. It is crucial to seek medical attention for these injuries.

Statute of limitations

The law imposes the time frame, also known as the statute of limitations, within which an injured party can file an action. Failure to comply with this deadline will result in the claim being "time barred" and the injured party is not able to get compensation for their losses. The time-limit for claims varies from state to state, and also by type of case.

The statute of limitations "clock" typically starts ticking at the time that the accident or incident that caused injury occurs. There are some exceptions to the rule that could extend the time for filing a lawsuit. The discovery rule is an exception. It states that the clock of the statute of limitations is not set until the injury has been discovered or ought to have been discovered. This is usually seen in situations where the cause is concealed, like asbestos or certain medical malpractice claims.

A minor can be granted an additional year to file a lawsuit, even though the statute would normally expire prior to turning 19. There is also the "tolling" provision which suspends the limitations period in certain situations and events, such as military service and involuntary mental hospitalization. The statute of limitation can be extended in the event of fraud or deliberate concealment.

Damages

Damages are the compensation paid to the victim of an offense (wrongful act). There are two types of damages: punitive and compensatory. Compensatory damages aim to compensate the plaintiffs and restore them to their fullness after an injury. Punitive damages are intended to penalize defendants for fraud, malicious actions that cause harm, or gross negligence.

The amount of damages you are able to claim is highly subjective, and is based on the unique circumstances of each individual case. A personal injury lawyer who has experience will assist you in capturing the full extent of your losses. This will improve your chances of receiving the highest amount of compensation that you are able to. For instance, your lawyer may use experts to testify about the severity of your suffering and pain as well as a psychological or psychiatric expert witness to support your claim for emotional distress.

To receive the maximum amount of compensation, you need to have thorough documentation of your current and future economic losses. Your attorney will assist in keeping meticulous notes of your expenses and financial losses incurred, and also in calculating the value of any future loss of income. This can be difficult and often involves making estimates based on your injury's permanent impairment or disability, which requires the assistance of experts.

If the defendant has insufficient insurance coverage to cover your claims, you are able to pursue a civil judgment against them personally. However, this can be difficult if the defendant has a substantial amount of assets or is a corporation with multiple assets.

Statute of Repose

While statutes of limitations and statutes of repose both limit the time that a plaintiff has to file a claim for damages however, there are some significant distinctions between the two. Statutes of limitations are a procedural and forward-looking law, whereas statutes of repose are substantive and forward-looking.

A statute of repose, in short it's a law that sets a deadline within which legal action is prohibited - with the same exceptions as a statute of limitations. It is common for statutes of repose to be applied to construction defect cases, products liability lawsuits as well as medical malpractice claims.

The biggest distinction is that the statute of limitations generally is in effect when the plaintiff is injured or learns of their loss however, a statute of repose typically begins running when an incident triggers it. This could be a problem in cases involving product liability. It can take years before a plaintiff buys and utilizes a product and the company becomes aware of any issues.

Due to these differences, it's important for injured victims to speak with a personal injury lawyer 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 concentrates on Accident & Personal Injury Law. Contact him now for free consultation.

Duty of Care

A duty of care is the obligation that individuals owe to other people to exercise a reasonable amount of caution when performing actions which could cause harm. It is typically regarded as negligent when a person fails to fulfill their duty of care and someone is injured as a result. There are many situations where a person company is obligated to provide care to the public. This includes doctors and accountants preparing taxes and store owners removing snow and ice off the sidewalks to prevent people from falling and causing injury to themselves.

In order to successfully claim damages in a tort case, you will need to show that the person who injured you had a duty of care, and that they breached that duty of care and that their breach was the primary and direct reason for your injury. The norm of care is usually determined by what other experts would do in similar situations. For example the case where a physician performs surgery on the wrong leg, it may be considered a breach of duty since other surgeons operating in similar circumstances will likely have read the patient's medical chart correctly.

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