What Makes Injury Legal?
The term injury legal is used to describe the damage or loss an person suffers from the negligence of another person's or indefensible actions. It is a part of tort law.
The most obvious type of injury is a bodily one, which includes things like concussion, whiplash and broken bones. These injuries should be treated by an experienced medical professional.
Statute of Limitations
The law provides an expiration date, known as the statute of limitations that an injured party can file a lawsuit. Failure to file a lawsuit will result in the claim being "time barred" and the party who was injured cannot claim compensation for their losses. The particulars of the statute of limitations can differ from state to state and each kind of instance has its own distinct time period as well.
The "clock" of the statute of limitations usually starts to tick when an incident or accident that caused the injury occurs. There are a few exceptions to the standard that may extend the time to file a lawsuit. The discovery rule is one such exception. It states that the clock of the statute of limitations does not start until the injury has been identified or ought to have been discovered. This is usually found in cases involving hidden issues, such as asbestos exposure or medical malpractice claims.
Another exemption is for minors who have a year from their 18th birthday when they can initiate litigation, even although the statute of limitations will normally expire before they reach the age of 19. Then there is the "tolling" provision, which suspends the statute of limitation during certain situations or events such as military service or involuntary mental health obligations. The statute of limitation can be extended in the event of fraud or willful concealment.
Damages
Damages are the amount of compensation that is paid to the victim of an act of tort (wrongful act). There are two types of damages: punitive and compensatory. Compensation damages compensate plaintiffs for 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 gross negligence.
The amount of damages awarded is highly subjective and based on the unique facts of each case. An experienced personal injury attorney can help you document the extent of your losses. This increases your chances of obtaining the most money possible. For instance your lawyer could use experts to testify about the extent of your pain and suffering and psychologist or psychiatrist expert witness to strengthen your emotional distress claim.
To receive the maximum amount of compensation, you need to have thorough documentation of your current and future economic losses. Your attorney will assist you keep meticulous records of the expenses and financial losses incurred as well as the value of your future lost income. Experts are often required to calculate estimates based upon the permanent impairment or disability of your injury.
If the defendant does not have enough insurance coverage to cover your claims, then you can seek a civil judgment against them personally. This can be a challenge unless the defendant is a major corporation or has multiple assets.
Statute of Repose
There are some distinctions between statutes of limitation and statutes of repose. Both limit the amount of time the plaintiff has to file a claim claiming injury, but there are also some commonalities. Statutes are procedural, forward-looking and substantive.
In simple terms, a statute of repose is a law that establishes an absolute deadline within which legal actions are barredwithout the same exceptions as a statute of limitations. 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 a statute starts to run following an event, while a statue of limitations usually begins when the plaintiff is aware of or suffers a loss. This could be a problem in product liability cases. It can take years before a plaintiff purchases and utilizes a product and the company becomes aware of any defects.
Due to these differences, it's important that victims of injury consult with a personal injury lawyer close to them before the applicable statutes of limitations and statutes of repose expire. Michael Ksiazek is a partner at the firm of Stark & Stark's Yardley, PA office and is focused on Accident & Personal Injury Law. Contact injury attorney concord for a free consultation.
Duty of Care
A duty of care is the obligation that people owe other people to exercise a reasonable amount of caution when performing activities that could result in harm. When a person fails to meet a duty of diligence and suffers injury as a result, this is deemed to be negligence. There are a myriad of circumstances in which a person or business is responsible for providing care to the public. This includes accountants and doctors preparing tax returns and store owners removing snow and ice from the sidewalks to avoid people falling and causing injury to themselves.
To be able to claim damages in a case of negligence, you must prove that the person who injured you was an obligation of care, that they breached this duty of duty and that their negligence caused your injury. The level of care required is usually established by what other professionals apply in similar circumstances. For instance when a doctor performs surgery on the wrong leg, it may be considered to be a breach of obligation because other surgeons in similar circumstances would most likely be able to read the patient's record correctly.
It is important to note, too, that the standard of care must not be so high that it imposes no limit on liability for all parties. This is a balance that is carefully scrutinized by juries in jury trials and judges in bench trials.