What Makes Injury Legal?
The term injury legal is used to describe the harm, loss or damage that an individual suffers as a result of a negligent act or wrongful actions. It falls under the tort law.
The most obvious damage is a bodily injury that can result in concussions whiplash, and broken bones. These injuries must be treated by medical professionals.
Statute of Limitations
The law provides a time limit, called the statute of limitations that an injured party can file a lawsuit. In the event of a delay, it will result in the claim being "time barred" and the person who was injured will not be able to get compensation for their losses. The specifics of the statute of limitations vary between states, and each kind of claim has its own particular time frame.
The "clock" of the statute of limitations usually begins to tick once the accident or incident which caused the injury occurs. However, there are many exceptions that may extend the time required to file a lawsuit. One of these exceptions is known as the discovery rule which states that the statute of limitations clock cannot begin until the injury is discovered or could have been discovered. This is most commonly encountered in cases involving concealed issues, such as asbestos exposure or certain medical malpractice claims.
Another exemption is for minors who have a year after their 18th birthday when they can initiate litigation, even while the statute of limitation will normally expire before they reach age 19. There is also the "tolling" provision that suspends the limitations period during certain circumstances and events like military service or involuntary mental hospitalization. Finally, there is the statute of limitations extension for willful concealment or false representation.
Damages
Damages are compensation paid to the victim of the tort (wrongful act). There are two kinds of damages: compensatory and punitive. Compensatory damages are intended to compensate the plaintiffs and to make them whole after an injury. Punitive damages are intended to penalize defendants who committed fraudulent acts, devious actions that caused harm or gross negligence.
The amount of damages awarded is subjective and is based on the particular facts of each case. A personal injury lawyer with years of experience can assist you with logging your full losses. This increases your chances of obtaining the largest amount possible. Your lawyer might call in expert witnesses to describe the severity of your suffering or to back up your claim for emotional distress.
In order to receive the maximum amount of amount of compensation, you should carefully record your current and future losses. Your lawyer will assist you to keep detailed records of financial losses and expenses incurred in addition to the value of your future lost income. Experts are often needed to calculate estimates based upon the permanent impairment or disability caused by your injury.
If the defendant does not have sufficient insurance to cover your claims, you might be able pursue a civil judgement against them. However, this could be difficult if 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 limit the amount of time a plaintiff has to make a claim for injury however, there are some similarities. Statutes of limitations are procedural and forward-looking, whereas statutes of repose are substantive and forward-looking.
In essence the simplest terms, a statute of repose is a law that sets a hard deadline after which legal actions are barred -with the same exceptions as a statute of limitations. It's common for a statute of repose to apply to cases involving construction defects, products liability lawsuits as well as medical malpractice claims.
injury law firm baytown is that a statute of limitations typically starts to run when a plaintiff suffers harm or discovers their loss the statute of repose generally begins to run when an event triggers it. This could be a problem in cases involving product liability for instance, since it can take a long time for a plaintiff to purchase and use a product, even before the company was aware of any defects.
Due to these distinctions 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 the Stark & Stern's Yardley, PA office and concentrates on Accident and Personal Injury Law. Contact him today for free consultation.
Duty of Care
A duty of care is the obligation that one owes to others to use reasonable caution when performing actions that could lead to harm. It is generally regarded as negligence when a person fails meet their duty of care and someone gets injured as a result. There are many instances where a person or company is obligated to provide care to the public, for example doctors and accountants preparing taxes and store owners clearing snow and ice off the sidewalks to prevent people from falling and causing injury to themselves.
To successfully claim damages in a tort claim it is necessary to prove that the party who injured you was bound by the duty of care, and that they breached their duty of care, and that their negligence was the direct and proximate cause of your injury. The standard of care is usually established by what other professionals perform in similar situations. If a surgeon is performing surgery in the wrong limb it could be deemed unprofessional conduct, because other surgeons would read the chart correctly under similar circumstances.
It is also important to keep in mind that the standard of care must not be so high that it will make it impossible to impose liability on all parties. This is a balance that is carefully reviewed by juries in jury trials and judges in bench trials.