What Makes Injury Legal?
"Injury legal" is a term used to describe the loss or harm that a person suffers due to the negligence or wrongdoing of another's actions. It falls under the umbrella of tort law.
The most obvious injury is a bodily injury that includes concussions, whiplash, and broken bones. These injuries should be treated by a medical professional.
Statute of Limitations
The law sets a timeframe, known as the statute of limitations within which an injured party can file a lawsuit. If you fail to comply with the statute of limitations, your claim will be "time-barred" and you won't be able recover compensation for your losses. The specifics of the statute of limitation vary between states, and each kind of claim has its own particular time frame as well.
The statute of limitations "clock" generally starts to tick when the accident or incident that resulted in injury occurs. There are some exceptions to the rule that can extend the time for filing a lawsuit. injury law firm buena park of these exceptions is known as the discovery rule which states that the clock for the statute of limitations is not set until the injury is discovered or reasonably could have been discovered. This is usually seen in cases involving hidden conditions, such as asbestos exposure or medical malpractice claims.
Another exception is for minors who have a year after the age of 18 to start litigation even while the statute of limitation 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 or involuntary mental hospitalization. Then, there's the statute of limitations extension for willful concealment or false representation.
Damages
Damages are the compensation paid to the victim following an act of wrongdoing or tort. There are two kinds of damages - compensatory and punitive. Compensatory damages aim to compensate plaintiffs and make them whole after an injury. Punitive damages are designed to punish defendants for fraudulent acts, devious acts that caused harm, or for gross negligence.
The amount of damages you are able to claim is highly subjective, and is based on the specific facts of each case. An experienced personal injury attorney will assist you in documenting the complete extent of your losses. This increases your chances of receiving the highest amount of compensation possible. For instance your lawyer could employ experts as witnesses to prove the extent of your pain and suffering or a psychologist or psychiatrist expert witness to bolster your claim for emotional distress.
In order to maximize compensation, you need to take care in the documentation of your present and future economic losses. Your attorney will assist you in keeping meticulous documents of the expenses and financial losses you have incurred, as well as calculating the value of any future loss of income. This can be difficult and often requires formulating estimates based on your injury's permanent impairment or disability which requires the assistance of experts.
If the defendant is not covered by insurance coverage to pay your claims, then you can get a civil judgement against them personally. This can be a challenge unless the defendant is a major company or has multiple assets.
Statute of Repose
There are some differences between statutes of limitation and statutes of repose. Both limit the amount of time a plaintiff can bring a claim for injury however, there are some similarities. Statutes are procedural, forward-looking, and substantive.
In short it's a simple definition: a statute of repose is a law that sets a hard deadline after which legal actions are barred -- without the same exceptions as the statute of limitations. It's common for a statute of repose to apply to construction defect cases, product liability lawsuits and medical malpractice claims.
The primary difference is that a statute begins to run after an event, while the statute of limitations usually begins when the plaintiff notices or suffers a loss. This is a concern in product liability cases for instance, since it can take a long time for the plaintiff to purchase and use a product before the company is aware of any flaws.
Because of these differences due to these differences, it is crucial for victims of injuries to speak with a personal injury lawyer near them prior to when the applicable statutes of limitation and repose statutes expire. Michael Ksiazek, a partner at Stark and Stark's Yardley office, concentrates on Accident and Injury Law. Contact him today for an initial consultation for no cost.
Duty of Care
A duty of care is the obligation people owe other people to exercise a reasonable amount of caution when doing something that could cause harm. It is typically regarded as negligent when an individual fails to comply with their obligation of care and someone gets injured due to the negligence. A business or individual has an obligation of care towards the public in many instances. This includes doctors preparing tax returns, accountants making tax returns and store owners removing snow off sidewalks to ensure that people don't slip and harm themselves.
To successfully claim damages in a tort case, you will need to show that the person who injured you owed you a duty of care, that they violated their duty of care and that their breach was the direct and proximate cause of your injuries. The standard of care is usually determined by what other experts apply in similar circumstances. For instance, if a doctor performs surgery on the wrong leg, it could be deemed a breach of duty because other surgeons working in the same circumstances would likely read the patient's chart correctly.
It is crucial to remember, too, that the standard of care should not be excessive that it creates an unlimited liability on all parties. It is a balance that is carefully scrutinized by juries in jury trials, as well as judges in bench trials.