What Makes Injury Legal?
The term injury legal is used to describe the damage or loss an individual suffers of another's negligence or indefensible actions. It falls under tort law.
The most obvious kind of injury is one that's bodily that includes things like whiplash, concussions, and broken bones. These injuries must be treated by a medical professional.
Statute of Limitations
The law sets a time limit, called the statute of limitations, within which an injured person can file an action. If you do not comply, your claim will be "time-barred" and you won't be able claim compensation for your losses. The time limit for a claim varies from states to states and according to the type of case.
The "clock" of the statute of limitations usually begins to tick when the incident or accident that caused the injury occurs. However, there are many exceptions that could extend the time required to file an action. One of these exceptions is known as the discovery rule which states that the clock of statute of limitations does not begin until the injury is discovered or reasonably ought to have been discovered. This is most commonly seen in situations where the cause is concealed, such as asbestos or certain medical malpractice claims.
Another exemption is for minors who have one year from their 18th birthday to initiate legal proceedings even while the statute of limitation would normally run before they reach the age of 19. There is also the "tolling" provision that allows the limitations period to be suspended during certain events and situations including military service and involuntary mental hospitalization. The statute of limitations could be extended in the event of fraud or willful concealment.
Damages
Damages are a form of compensation given to the victim of the tort (wrongful act). There are two basic types of damages: punitive and compensatory. Compensatory damages aim to compensate the plaintiffs and to make them whole after an injury. Punitive damages are meant to penalize defendants who committed fraudulent acts, devious actions that caused harm or for gross negligence.
The amount of damages awarded is highly subjective and based on the unique circumstances of each case. An experienced personal injury attorney can help you document the totality of your losses. This increases your odds of obtaining the most money possible. Your lawyer could call in experts to provide evidence of the extent of your suffering, or to prove your claim for emotional distress.
Obtaining maximum compensation requires careful documentation of your current and future economic losses. Your lawyer will assist you to keep a detailed record of your financial losses and expenses incurred as well as the amount of your future income loss. Experts are often required to calculate estimates based upon the permanent impairment or disability that results from your injury.
If the defendant doesn't have enough insurance to cover your claims, then you might be able pursue a civil judgement against them. But, this is extremely difficult unless the defendant has substantial assets or is a corporate entity with multiple assets.
Statute of Repose
While statutes of limitations and statutes of repose restrict the time a plaintiff has to file an injury claim however, there are some significant distinctions between the two. Statutes are procedural, forward-looking, and substantive.
A statute of repose, or in other words is a law that sets a deadline when legal action can be barred - without the same exceptions as a statute or limitations provide. injury case reading of repose is often used in cases involving defective construction, products liability suits, and medical malpractice claims.
The biggest distinction is that a statute of limitations typically is in effect when the plaintiff suffers injury or is aware of their loss however, a statute of repose usually begins to run when an incident triggers it. This can be a challenge in cases involving product liability. It could take years before a plaintiff buys and utilizes a product and the company becomes aware of any defects.
Because of these differences due to these differences, it is crucial for victims of injuries to speak with a personal injury lawyer close to them before the applicable statutes of limitation and statutes of repose expire. Michael Ksiazek is a partner at Stark and Stark's Yardley, PA office and concentrates on Accident and Personal Injury Law. Contact him today for a no-obligation 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. It is typically regarded as negligent when a person fails fulfill their duty of care and someone is injured due to the negligence. A business or individual has the obligation of care to the public in many situations. This includes doctors who are preparing tax returns, accountants who prepare tax returns and store owners removing snow from sidewalks to ensure people do not fall and injury themselves.
To successfully seek damages in a tort lawsuit you must prove that the party who injured you was owed an obligation of care, and that they violated their duty of care and that their negligence was the direct and proximate reason for your injury. The standard of care is usually established by what other medical professionals would do in similar situations. If a doctor performs surgery in the wrong leg this could be considered to be a breach of duty because other surgeons are likely to take the correct chart under similar circumstances.
It is important to note that the standard of care should not be excessive that it creates unlimited liability on all parties. In jury trials, and in bench trials, the balance is carefully evaluated by juries as well as judges.