It's The Injury Attorney Case Study You'll Never Forget

What Makes Injury Legal?

The term "injury attorneys legal" is used to define the harm or loss that a person suffers due to an other person's negligent or illegal actions. It is a part of tort law.

The most obvious form of injury is a bodily one that includes things like whiplash, concussions, and broken bones. It is important to seek medical help for these injuries.

Statute of Limitations

The law establishes a deadline, called the statute of limitations, within which a person injured can start a lawsuit. If you fail to meet the deadline, your claim will be "time-barred" and you won't be able get 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. There are a few exceptions to the rule that could prolong the time required to file a lawsuit. One of these exceptions is known as the discovery rule, which states that the clock for the statute of limitations doesn't begin until the injury is discovered or reasonably could have been discovered. This is typically seen in situations where the cause is hidden, such asbestos or certain medical malpractice claims.

Another exemption is for minors who have a year after their 18th birthday to begin litigation, even although the statute of limitations usually runs before they reach age 19. There is also the "tolling" provision which extends the limitation period for certain circumstances and events like military service or involuntary mental hospitalization. Then, there's the statute of limitations extension for willful concealment or fraudulent false representation.

Damages

Damages are the amount of compensation that is paid to the victim of an act of tort (wrongful act). There are two kinds of damages: punitive and compensatory. Compensation damages are designed to compensate plaintiffs and restore them to their fullness after an injury. Punitive damages are designed to punish defendants for fraudulent acts, devious actions that cause harm, or for gross negligence.

The amount of damages awarded is subjective and based upon the unique facts of each case. An experienced personal injury attorney 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 can call experts to explain the severity of your pain and suffering, or to support your claim for emotional distress.

Obtaining maximum compensation requires careful documentation of your present and future economic losses. Your attorney will assist you keep detailed records of expenses and financial losses incurred as well as the amount of the future loss of income. This can be a bit complicated and usually involves making estimates based on the permanent impairment caused by your injury or disability and requires the assistance of experts.

If the defendant does not have enough insurance coverage to pay your claims, you can pursue a civil judgment against them personally. This can be very difficult unless the defendant is a large asset or is a corporate entity with multiple assets.

Statute of Repose

There are some distinctions between statutes of limitation and statutes of repose. Both restrict the time that a plaintiff can bring a claim for injury however, there are some commonalities. Statutes of limitations are a procedural and forward-looking law while statutes of repose are substantive and forward-looking.

A statute of repose, as it's known is a law that specifies a timeframe after which legal action is prohibited - with the same exceptions as a statute or limitations have. A statute of repose is usually applied to product liability suits and medical malpractice claims.

The biggest distinction is that the statute of limitations usually is in effect when the plaintiff suffers harm or injured discovers their loss the statute of repose typically begins running when an event triggers it. This could be a problem in cases involving product liability for instance, as it may take years for the plaintiff to purchase and use a product prior to the company was aware of any flaws.

Due to these distinctions due to these differences, it is imperative that victims of injury consult an attorney before the statutes that apply to them expire. Michael Ksiazek, a partner in Stark &Stark's Yardley office, focuses on Accident & Injury Law. Contact him for a no-obligation consultation.

Duty of Care

A duty of care is the obligation that individuals owe to others to use reasonable caution when performing activities that could result in harm. If someone fails to comply with a duty, and someone is injured due to it, it is deemed to be negligence. There are a myriad of circumstances where a person company is obligated to provide care to the public. This includes accountants and doctors who prepare taxes and store owners cleaning snow and ice from sidewalks to prevent people from falling and causing injury to themselves.

To successfully seek damages in a tort case it is necessary to prove that the party who injured you was owed the duty of care, that they breached that duty of care and that their negligence was the direct and proximate cause of your injury. The standard of care is generally determined by what other doctors would do in similar situations. If a doctor performs surgery on the wrong leg this could be considered an infraction of duty because other surgeons are likely to be able to read the chart correctly in similar circumstances.

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