15 Terms Everyone In The Injury Attorney Industry Should Know

What Makes Injury Legal?

The term"injury legal" is used to describe the damage or loss an individual suffers as a result of a negligent act or wrongful conduct. It is a part of tort law.

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

Statute of limitations

The law sets an amount of time, referred to as the statute of limitations, within which an injured party can file an action. If you fail to comply with the statute of limitations, your claim is "time-barred" and you won't be able to claim compensation for your losses. The particulars of the statute of limitations differ from state to state and each kind of case has its own time frame, as well.

The statute of limitations "clock" generally begins to tick when the accident or incident that caused injury occurs. There are some exceptions to the rule, which can extend the time for filing a lawsuit. The discovery rule is one exception. It states that the clock of the statute of limitations does not start until the injury has been discovered or ought to have been discovered. This is typically found in cases involving hidden issues, such as asbestos exposure or certain medical malpractice claims.

Another exception applies to 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 extends the limitation period for certain circumstances, such as military service and involuntary mental hospitalization. The statute of limitations may be extended for fraudulent misrepresentation or intentional concealment.

Damages

Damages are compensation paid to the victim of an offense (wrongful act). There are two basic types of damages: compensatory and punitive. Compensatory damages are meant to compensate plaintiffs for their losses and aim to make them whole again after an accident, whereas punitive damages punish a defendant for fraud, an ill-intentional act that caused harm, or gross negligence.

The amount of damages awarded is highly dependent and based on the specific circumstances of each case. An experienced personal injury attorney can assist you in documenting the extent of your losses. This will increase your odds of receiving the highest amount of compensation that you are able to. For example your lawyer could use experts to testify about the severity of your pain and suffering and psychological or psychiatric expert witness to strengthen your claim for emotional distress.

To get the maximum amount of compensation, you must have careful documentation of your present and future economic losses. Your lawyer will assist you with keeping detailed records of the expenses and financial losses that you incur, and also in calculating the value of your future loss of income. This can be a bit complicated and often requires making estimates based on your injury's permanent impairment or disability and requires the assistance of experts.

If the defendant has insufficient insurance coverage to cover your claims, then you can obtain a civil judgment against them personally. However, this can be very difficult unless the defendant has a substantial amount of assets or is a corporation with multiple assets.

Statute of Repose

While statutes of limitations and statutes of repose limit the amount of time that a plaintiff has to file a lawsuit, there are some notable distinctions between the two. Statutes are procedural, forward-looking, and substantive.

A statute of repose, in short, is a law which gives a time limit when legal action can be prohibited - with the same limitations that a statute limitations provide. It is common for a statute of repose to be applied to construction defect cases, product liability lawsuits as well as medical malpractice claims.

The main difference is that whereas the statute of limitations typically starts to run when a plaintiff suffers harm or discovers their loss however, a statute of repose usually begins to run when an event triggers it. This could be a problem in product liability cases. It can take years before a plaintiff buys and utilizes a product and the company becomes aware of any issues.

Due to these differences, it's important for injury victims to consult with a personal injury attorney near them before the applicable statutes of limitations and repose statutes expire. Michael Ksiazek is a partner at the Stark & Stern's Yardley, PA office and focuses on Accident and Personal Injury Law. Contact him for a free consultation.

Duty of Care

A duty of care is a duty that a person owes others to exercise reasonable caution when performing a task that could be expected to cause harm. If a person fails to meet a duty of diligence and suffers injury because of it, this is considered to be a case of negligence. A company or person has the obligation of care to the public in many situations. This includes doctors preparing tax returns, injury legal accountants who prepare tax returns and store owners removing snow off sidewalks to ensure that people do not fall and injury lawyers themselves.

To successfully claim damages in a case of tort, you will need to prove that the party who injured you owed you an obligation of care, that they violated their duty of care, and that their negligence was the direct and proximate cause of your injuries. The quality of care is typically determined by what other doctors perform in similar situations. If a surgeon makes a surgical procedure in the wrong leg it could be deemed unprofessional conduct, since other surgeons read the chart correctly under similar circumstances.

It is important to remember that the standard of care can't be high enough to make it impossible to impose liability on all parties. In jury trials, and in bench trials the balance is examined by both juries and judges.