What Makes Injury Legal?
The term injury legal is used to describe the harm or loss an individual suffers from another party's negligent actions or wrongful acts. It falls under the umbrella of tort law.
The most obvious kind of injury is one that is bodily, which includes things like whiplash, concussion and broken bones. These injuries must be treated by medical professionals.
Statute of Limitations
The law sets a deadline, known as the statute of limitations, within which an injured person can bring a lawsuit. If you do not comply, your claim will be "time-barred" and you won't be able to claim compensation for your losses. The time-limit for claims varies from state to state, and also depending on the type of case.
injury attorney fishers " of the statute of limitations typically begins to tick once the accident or incident which caused the injury occurs. However, there are some exceptions that can extend the time for filing lawsuits. The discovery rule is a prime exception. It states that the statute-of-limitations clock is not set until the injury has been discovered or should have reasonably been discovered. This is usually seen in cases where conditions are hidden, such asbestos or certain medical malpractice claims.
Another exemption is for minors who have one year from the age of 18 to start litigation even though the statute of limitations would normally run before they reach age 19. There is also the "tolling" provision which suspends the limitations period in certain situations and events including military service and involuntary mental hospitalization. The statute of limitation can be extended for fraudulent misrepresentation or intentional concealment.
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. Compensatory damages are intended to compensate plaintiffs and restore them to their fullness after an injury. Punitive damages are designed to punish defendants for fraud, malicious actions that cause harm, or gross negligence.
The amount of damages you are able to claim is extremely subjective and based on the particular facts of each case. A personal injury lawyer with experience will assist you in capturing your full losses. This increases your odds of obtaining the largest amount possible. Your lawyer may call in experts to explain the extent of your pain and 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 attorney will assist you keep a detailed record of all costs and financial losses you incur and the value of your lost income in the future. Experts are often required to calculate estimates based upon the permanent impairment or disability of your injury.
If the defendant doesn't have enough insurance to cover your claims, you may be able to obtain an injunction against them. But, this is extremely difficult unless the defendant has a substantial amount of assets or is a corporate entity with multiple assets.
Statute of Repose
There are some differences between statutes of limitation and statutes of repose. Both limit the time the plaintiff has to file a claim claiming injury however, there are some commonalities. Statutes are procedural, forward-looking and substantive.
In a nutshell an esoteric sense, a statute or repose is a law that sets the deadline by which legal actions are barred -without the same exceptions as a statute of limitation. A statute of repose is often used in lawsuits involving construction defects, products liability suits, and medical malpractice claims.
The most notable difference is that while the statute of limitations typically runs when the plaintiff suffers injury or is aware of their loss, a statute of repose typically begins running when an event triggers it. This can be an issue in product liability cases, for example, since it could take a long time for a plaintiff to purchase and use a product, even before the company was aware of any defects.
Due to these distinctions and the fact that there are a variety of different laws, it is important for victims of injuries to speak with a personal injury attorney near them before the applicable statutes of limitation and statutes of repose run out. Michael Ksiazek is a partner at the Stark & Stern's Yardley, PA office and is a specialist in Accident and Personal Injury Law. Contact him for a free consultation.
Duty of Care
A duty of care is the obligation that one has to others to exercise reasonable caution when performing activities that could lead to harm. If someone fails to perform a duty of care and a person is injured due to it, it is considered negligence. A business or individual is bound by the obligation of care to the public in many instances. This includes doctors who prepare tax returns, accountants working on tax returns and store owners removing snow from sidewalks to ensure people do not fall and injury themselves.
To be able to claim damages in a case of negligence, you must prove that the person who injured you had obligations to you and breached their obligation and that their lapse caused your injury. The norm of care is usually determined by what other doctors would do in similar circumstances. For instance when a doctor performs surgery on the wrong leg, it may be deemed a breach of duty because other surgeons working in similar circumstances will likely examine the patient's chart in a correct manner.
It is also important to remember that the standard of care cannot be so high that it could create a liability that is unlimited for all parties. In jury trials, as well as in bench trials the balance is evaluated by juries as well as judges.