Why We Why We Injury Attorney (And You Should Too!)

What Makes Injury Legal?

Injury legal is a term used to describe the harm or loss that a person suffers due to the negligence or wrongdoing of another's actions. It falls under tort law.

The most obvious type of injury is one that's bodily, which includes things like whiplash, concussion and broken bones. It is essential to seek medical help for these injuries.

Statute of Limitations

The law establishes a time limit, called the statute of limitations, within which an injured person can file a lawsuit. Failure to file a lawsuit will result in the claim being "time barred" and the injured party will not be able claim compensation for their losses. The particulars of the statute of limitations can differ from state to state, and each type of claim has its own particular time frame, as well.

The statute of limitations "clock" typically starts ticking at the time the accident or incident that led to injury occurs. However, there are many exceptions that can extend the time to file lawsuits. 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 reasonably ought to have been discovered. This is seen most often in cases where conditions are hidden, such asbestos or certain medical malpractice claims.

Another exemption is for minors who have one year from their 18th birthday when they can initiate litigation, even although the statute of limitations usually runs before they reach the age of 19. There is also the "tolling" provision, which allows the limitations period to be suspended during certain circumstances and events, such as military service or involuntary mental hospitalization. The statute of limitations could be extended in the event of fraud or deliberate concealment.

Damages

Damages are a form of compensation that is given to the victim after an incident of negligence or a tort. There are two types of damages: punitive and compensatory. Compensatory damages pay plaintiffs back their losses, and are intended to help them recover after an injury, while punitive damages punish the defendant for fraud, a devious act that caused harm or reckless negligence.

The amount of damages awarded is dependent and based on the unique facts of each case. A personal injury lawyer who has experience can assist you in documenting your losses in full. This will improve your chances of obtaining the maximum amount of compensation possible. Your lawyer could call in experts to explain the extent of your pain and suffering or to support your claim for emotional distress.

To receive the highest amount of compensation, you must carefully record your losses now and injuries in the future. Your attorney will assist you with keeping detailed reports of the costs and financial losses that you incur, and also in calculating the amount of future lost income. This can be quite complicated and often requires calculating estimates based on your injury's permanent impairment or disability, which requires the assistance of experts.

If the defendant is not covered by insurance coverage to pay your claims, you may get a civil judgement against them personally. This can be a challenge unless the defendant is a major company or has multiple assets.

Statute of Repose

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

A statute of repose, in short, injuries is a law which gives a time limit within which legal action is not allowed - without the limitations that a statute limitations have. A statute of repose is usually applied to lawsuits involving construction defects, products liability suits and medical malpractice claims.

The major difference 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, because it could take a long time for a plaintiff to purchase and use a particular product before the company is aware of any flaws.

Due to these distinctions due to these differences, it is crucial 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 run out. Michael Ksiazek, a partner in the Stark & Stark's Yardley office, concentrates on Accident and Injury Law. Contact him for a no-obligation consultation.

Duty of Care

A duty of care is an obligation that a person owes others to exercise reasonable caution in doing anything that could be predicted to cause harm. It is generally regarded as negligence when a person fails fulfill their duty of care and someone is injured as a result. A business or individual is bound by a duty of caring to the public in a variety of situations. This includes doctors who prepare tax returns, accountants working on tax returns and store owners removing snow off the sidewalks so that people don't fall and harm themselves.

To be able to claim damages in a negligence case you must prove that the person who injured you was in the duty to protect you and acted in breach of this obligation and that their lapse caused your injury. The standard of care is generally determined by what other doctors would do in similar situations. If a surgeon makes a surgical procedure in the wrong place it could be deemed a breach of duty, since other surgeons would have read the chart correctly under similar circumstances.

It is important to remember that the standard of care should not be so high that it could make it impossible to impose liability on all parties. In jury trials, and in bench trials, the balance is carefully assessed by juries and judges.