공지사항

What Makes Injury Legal?

Injury legal is a term used to describe the loss or harm suffered by an individual as a result of the negligence or wrongdoing of another's actions. It falls under tort law.

The most obvious type of injury is a bodily one which includes things such as whiplash, concussion and broken bones. These injuries should be treated by a medical professional.

Statute of limitations

The law sets a deadline, called the statute of limitations within which an individual who has been injured may start a lawsuit. Failing to do so will result in the claim being "time barred" and the injured party is not able to receive compensation for their losses. The specifics of the statute of limitations differ between states, and each type of claim has its own particular time frame, as well.

The "clock" of the statute of limitations typically begins to tick when the accident or incident that caused the injury lawsuit occurs. There are some exceptions to the standard that may delay the filing of a lawsuit. One such exception is known as the discovery rule which states that the clock for the statute of limitations does not begin until the injury is discovered or could have been discovered. This is most commonly found in cases involving hidden issues, such as asbestos exposure or certain medical malpractice claims.

Another exception is for minors, who have a year after their 18th birthday to initiate litigation, even though the statute of limitations would normally run before they reach age 19. Then there is the "tolling" provision that suspends the statute of limitations in certain events or circumstances such as military service or Injury Legal involuntary mental health commitments. The statute of limitations can be extended for fraudulent misrepresentation or intentional concealment.

Damages

Damages are the amount of compensation that is paid to the victim of the tort (wrongful act). There are two kinds of damages - punitive and compensatory. Compensatory damages pay plaintiffs back their losses and aim to restore their health after an injury, whereas punitive damages punish a defendant for fraud, an ill-intentional act that caused harm or reckless negligence.

The amount of damages is highly subjective, and is based on the particular facts of each case. A personal injury lawyer who has experience can assist you in documenting your full losses. This increases your chances of receiving the maximum amount possible. Your lawyer might call in experts to provide evidence of the extent of your suffering, or to support your claim for emotional distress.

To receive the maximum amount of compensation, you need to have thorough documentation of your present and future economic losses. Your lawyer will assist you with keeping detailed reports of the costs and financial losses you have incurred, as well as calculating the value of your future loss of income. This can be a bit complicated and usually involves the calculation of estimates based upon the severity of your injury and its permanent disability which requires the assistance of experts.

If the defendant does not have enough insurance to cover your claims, then you might be able to pursue a civil judgment against them. But, this is extremely difficult unless the defendant has substantial assets or is a company with multiple assets.

Statute of Repose

There are some differences between statutes of limitation and statutes de repose. Both restrict the time that the plaintiff has to file a claim claiming injury however there are some commonalities. Statutes of limitation are procedural and forward-looking while statutes of repose are substantive, and look backwards.

In short the simplest terms, a statute of repose is a law which sets an exact deadline for when legal actions are barredbut without the same exemptions as a statute of limitations. A statute of repose is often used in lawsuits involving construction defects, products liability suits, and medical malpractice claims.

The biggest difference is that while the statute of limitations generally is in effect when the plaintiff is injured or learns of their loss however, a statute of repose generally begins to run when an incident triggers it. This can be an issue in product liability cases, for example, since it could take years for a plaintiff to purchase and use a product prior to the company might have been aware of any flaws.

Because of these differences It is essential that victims of injury compensation consult with a personal injury attorney near them prior to when the applicable statutes of limitations and repose statutes run out. Michael Ksiazek is a partner at Stark and Stark's Yardley, PA office and is a specialist in Accident & Personal Injury Law. Contact him now for no-cost consultation.

Duty of Care

A duty of care is the obligation people owe other people to exercise a reasonable amount of caution when doing something that could cause harm. If a person fails to comply with a duty and a person is injured as a result, this is considered negligence. A person or company has an obligation of care towards the public in many instances. This includes doctors who are preparing tax returns, accountants working on tax returns, and store owners clearing snow off sidewalks to ensure that people don't get hurt themselves.

In order to successfully claim damages in a tort lawsuit you will need to establish that the party that injured you was bound by the duty of care, that they violated that duty of care and that their breach was the primary and most direct cause of your injury lawsuit. The norm of care is usually determined by what other experts would do in similar circumstances. If a surgeon makes a surgical procedure on the wrong leg the procedure could be regarded as unprofessional conduct, because other surgeons are likely to take the correct chart under similar circumstances.

It is also important to remember that the standard of care must not be high enough to limit liability to all parties. In jury trials, as well as in bench trials, the balance is carefully scrutinized by juries as well as judges.