The Three Greatest Moments In Injury Attorney History

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 acts. 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 must be treated by an experienced medical professional.

Statute of limitations

The law provides an expiration date, known as the statute of limitations in which an injured person can file a lawsuit. Failure to comply with this deadline will result in the claim being "time barred" and the injured party cannot recover compensation for their losses. The statute of limitations varies from state to state and also depending on the type of claim.

The statute of limitations "clock" typically begins ticking at the point that the accident or incident that resulted in injury occurs. However, there are some exceptions that could prolong the time for filing an action. 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 could have been discovered. This is seen most often in situations where the cause is hidden, such asbestos or certain medical malpractice claims.

A minor may be granted an additional year to file a lawsuit, even when the statute of limitations would typically expire before the age of 19. There is also the "tolling" provision that extends the limitation period for certain events and situations like military service and involuntary mental hospitalization. The statute of limitations can be extended in the event of fraudulent misrepresentation or willful concealment.

Damages

Damages are compensation given to the victim in the aftermath of a tort or wrongdoing. There are two main types of damages: compensatory and punitive. Compensatory damages are meant to compensate plaintiffs for their losses and aim to restore their health after an injury, whereas punitive damages are intended to punish the defendant for fraud, a malicious act that caused harm or gross negligence.

The amount of damages you are able to claim is highly subjective, and based on the specific facts of each case. A seasoned personal injury lawyer can help you document the full extent of your losses. This will increase your chances of receiving the highest amount of compensation you can get. Your lawyer may call in expert witnesses to describe 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 with keeping detailed notes of your expenses and financial losses incurred, and will also calculate the value of any future loss of income. This can be difficult and often involves formulating estimates based on the severity of your injury and its permanent disability which requires the assistance of experts.

If the defendant does not have enough insurance coverage to cover your claims, you can seek a civil judgment against them personally. But, this is extremely difficult unless the defendant has substantial 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 restrict the time the plaintiff has to file a claim claiming injury lawsuit, but there are also some resemblances. Statutes are procedural, forward-looking, and substantive.

A statute of repose, in short, is a law which establishes a time frame after which legal action is prohibited - with the same exceptions that a statute or limitations provide. It's common for a statute of repose to be applied to construction defect cases, product liability lawsuits and medical malpractice claims.

The most notable difference is that whereas the statute of limitations usually begins to run when the plaintiff suffers injury or is aware of their loss and a statute of restraint typically begins to run when an incident triggers it. This could be a problem in cases involving product liability for instance, since it could take a long time for the plaintiff to purchase and use a product, even before the company is aware of any defect.

Due to these variations in the law, it is essential that injury victims consult with a personal attorney before the statutes that apply to them expire. Michael Ksiazek, a partner in Stark & Stark’s Yardley office, injury focuses on Accident and Injury Law. Contact him to arrange a no-obligation consultation.

Duty of Care

A duty of care is an obligation one owes to others to exercise reasonable caution in doing anything that could foreseeably cause harm. When a person fails to comply with a duty and a person is injured as a result, this is considered to be negligence. A business or individual is bound by an obligation of care towards the public in many situations. This includes doctors preparing tax returns, accountants making tax returns and store owners removing snow off sidewalks to ensure that people don't slip and harm themselves.

To be able to claim damages in a negligence case, you must prove that the party who injured you had an obligation of care, that they breached this duty duty and that their lapse caused your injury. The standard of care is usually determined by what other doctors perform in similar situations. If a surgeon makes a surgical procedure in the wrong limb it could be deemed to be a breach of duty because other surgeons would follow the chart in similar circumstances.

It is important to keep in mind that the standard of care must not be excessive that it creates no limit on liability for all parties. In jury trials, as well as in bench trials the balance is scrutinized by juries as well as judges.