What Makes Injury Legal?
The term"injury legal" is used to describe the harm, loss or damage that an individual suffers as a result from the negligence of another person's or wrongful acts. It falls under the tort law.
The most obvious accident is a bodily affliction which can include concussions whiplash, and fractured bones. These injuries must be treated by medical professionals.
Statute of Limitations
The law provides a time limit, called the statute of limitations, within which an injured person is able to file an action. In the event of a delay, it will result in the claim being "time barred" and the injured party is not able to recover compensation for their losses. The time-limit for claims varies from states to states and according to the type of case.
The statute of limitations "clock" typically starts ticking at the time the accident or incident that resulted in injury occurs. There are a few exceptions to the rule that could extend the time to file a lawsuit. The discovery rule is one exception. It states that the clock of the statute of limitations doesn't begin until the injury has been discovered or should have reasonably been discovered. This is typically seen in cases where injuries are hidden, such asbestos or certain medical malpractice claims.
A minor may also be granted an extra year to file a lawsuit even though the statute would normally expire prior to turning 19. There is also the "tolling" provision that suspends the statute of limitations during certain situations or events like military service or involuntary mental health obligations. Then, there's the extension of the statute of limitations in the event of willful concealment or fraud. false representation.
Damages
Damages are the compensation paid to the victim after the commission of a wrongdoing or a tort. There are two main types of damages: punitive and compensatory. Compensation damages compensate plaintiffs for their losses and aim to restore their health after an injury, while punitive damages punish a defendant for fraud, a devious act that caused harm or gross negligence.
The amount of damages you are able to claim is highly subjective, and based on the unique circumstances of each individual case. A personal injury lawyer who has experience can help you document the full extent of your losses. This will increase your chances of receiving the maximum amount possible. For instance your lawyer could use experts to testify on the extent of your pain and suffering or a psychologist or psychiatrist expert witness to back up your emotional distress claim.
To get the maximum amount of compensation, you should carefully document your current and future losses. Your lawyer will assist you to keep a detailed record of your financial losses and expenses incurred as well as the amount of the future loss of income. Experts are often required to calculate estimates based upon the permanent impairment or disability of your injury.
If the defendant does not have sufficient insurance to cover your claims, you may be able to pursue a civil judgement against them. But, this is very difficult unless the defendant has a substantial amount of assets or is a corporate entity with multiple assets.
Statute of Repose
While statutes of limitations and statutes of repose limit the amount of time a plaintiff can have to file a claim for injury however, there are some significant differences between the two. Statutes are procedural, forward-looking, and substantive.
In essence the simplest terms, a statute of repose is a law which sets the deadline by which legal actions are barred -- without the same exceptions as a statute of limitation. It is common for a statute of repose to be applied to cases involving construction defects, products liability lawsuits as well as medical malpractice claims.
injury law firm baytown is that a statute begins to run following an event, while a statue of limitations usually begins when a plaintiff finds or suffers the loss. This is a concern in product liability cases for instance, as it may take years for a plaintiff to purchase and use a product, even before the company is aware of any flaws.
Because of these differences, it's important for victims of injuries 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 focuses on Accident and Personal Injury Law. Contact him today to arrange free consultation.
Duty of Care
A duty of care is an obligation one owes to others to exercise reasonable caution when performing a task that could cause harm in the future. When a person fails to comply with a duty and someone is injured as a result, this is considered to be negligence. A business or individual has an obligation of care towards the public in many instances. This includes doctors who prepare tax returns, accountants making tax returns and store owners removing snow off the sidewalks so that people don't get hurt themselves.
To be able to claim damages in a case of tort, you will need to establish that the party that injured you had the duty of care, that they violated their duty of care, and that their negligence was the primary and direct cause of your injury. The level of care required is usually determined by what other experts apply in similar circumstances. For example, if a doctor performs surgery on the wrong leg, it may be considered a breach of duty since other surgeons operating in the same circumstances would likely have read the patient's medical chart correctly.
It is also important to note that the standard of care cannot be high enough to make it impossible to impose liability on all parties. In jury trials, as well as in bench trials the balance is scrutinized by juries as well as judges.