What Makes Injury Legal?
The term"injury legal" can be used to describe the harm, loss or damage that an person suffers of another's negligence or wrongful acts. It falls under the umbrella of tort law.
The most obvious harm is a bodily which can include concussions whiplash, and fractured bones. These injuries must be treated by an experienced medical professional.
Statute of limitations
The law sets a time limit, called the statute of limitations within which an injured person has the option of filing a lawsuit. If you fail to comply with the statute of limitations, your claim will be "time-barred" and you will not be able to get compensation for your losses. The statute of limitations varies from state to state and also according to the type of case.
The "clock" of the statute of limitations typically starts to tick when an accident or incident that caused the injury occurs. However, there are a few exceptions that could prolong the time to file lawsuits. One of them is known as the discovery rule which states that the clock of statute of limitations is not set until the injury is discovered or could have been discovered. This is usually seen when conditions are hidden, such as asbestos or certain medical malpractice claims.
Another exception is for minors who have a year following their 18th birthday to initiate lawsuits, even although the statute of limitations will normally expire before they reach age 19. There is also the "tolling" provision which suspends the limitations period during certain circumstances and events like military service or involuntary mental hospitalization. The statute of limitations can be extended in the event of fraud or deliberate concealment.
Damages
Damages are the amount of compensation that is paid to the victim of a tort (wrongful act). There are two kinds of damages: punitive and compensatory. Compensatory damages aim to compensate the plaintiffs and restore them to their fullness after an injury. Punitive damages are meant to punish defendants for fraudulent acts, devious acts that caused harm, or gross negligence.
The amount of damages is highly subjective and is based on the specific facts of each case. A personal injury lawyer with years of experience will assist you in capturing your losses in full. This will improve your chances of receiving the highest amount of compensation possible. For example your lawyer could use experts as witnesses to prove the extent of your pain and suffering, or a psychologist or psychiatrist expert witness to strengthen your emotional distress claim.
To receive the most compensation, you must carefully record your losses now and in the future. Your lawyer will assist in keeping detailed notes of your expenses and financial losses that you incur, as well as calculating the value of any future loss of income. Experts are often needed to calculate estimates based upon the permanent impairment or disability caused by your injury.
If the defendant does not have sufficient insurance to cover your claims, you might be able to obtain an injunction against them. This isn't always easy unless the defendant is a major company or has multiple assets.
Statute of Repose
There are some distinctions between statutes of limitation and statutes of repose. Both restrict the time a plaintiff has to file a claim for injury, but there are also certain similarities. Statutes are procedural, forward-looking and substantive.
In simple terms an esoteric sense, a statute or repose is a law which sets an absolute deadline within which legal actions are barredwithout the same exceptions as the statute of limitations. A statute of repose is typically applied to lawsuits involving construction defects, products liability suits and medical malpractice claims.
The main difference is that a statute starts to run after an event, whereas the statute of limitations generally starts when the plaintiff discovers or suffers losses. This can be a problem in product liability cases. It could take several years before a plaintiff buys and uses a product and the company is aware of any flaws.
Because of injury attorney flint is crucial that injured victims consult an attorney before the applicable statutes expire. Michael Ksiazek is a partner at the Stark & Stern's Yardley, PA office and focuses on Accident & Personal Injury Law. Contact him today for a no-obligation consultation.
Duty of Care
A duty of care is a duty one owes to others to exercise reasonable caution when performing a task that could be expected to cause harm. It is generally regarded as negligence when someone fails to meet their duty of care and a person is injured as a result. A person or company has a duty of caring to the public in various situations. This includes doctors who are preparing tax returns, accountants working on tax returns, and store owners clearing snow from sidewalks so that people don't fall and hurt themselves.
In order to successfully claim damages in a tort claim you will need to establish that the party that injured you had an obligation of care, and that they breached that duty of care, and that their breach was the primary and most direct cause of your injury. The standard of care is typically established by what other professionals would do in similar situations. If a surgeon is performing surgery in the wrong leg, this may be considered an infraction of duty because other surgeons would follow the chart in similar circumstances.
It is important to keep in mind that the standard of care should not be so high that it imposes an unlimited liability on all parties. It is a balance that is vetted by juries in jury trials, as well as judges in bench trials.