"The Injury Attorney Awards: The Best, Worst And The Most Bizarre Things We've Seen > 문의하기

What Makes Injury Legal?

"Injury legal" is a term used to define the harm or loss suffered by an individual as a result of the negligence or wrongdoing of another's actions. It falls under the umbrella of tort law.

The most obvious kind of injury is one that's bodily which includes things such as whiplash, concussion and broken bones. It is important to seek medical treatment for these injuries.

Statute of limitations

The law sets a deadline called the statute of limitations within which an injured person can start a lawsuit. If you fail to meet the deadline with the statute of limitations, your claim is "time-barred" and you will not be able to obtain compensation for your losses. The specifics of the statute of limitation vary between states, and each kind of case has its own time frame as well.

The "clock" of the statute of limitations usually begins to tick once the incident or accident that caused the injury occurs. However, there are several exceptions that could extend the time for filing an action. One such exception is known as the discovery rule which states that the clock of statute of limitations does not begin until the injury is discovered or reasonably should have been discovered. This is most commonly found in cases involving hidden conditions, like asbestos exposure or medical malpractice claims.

Another exception is for minors, who have a year from their 18th birthday to begin lawsuits, even when the statute of limitations typically runs before they reach age 19. There is also the "tolling" provision that suspends the statute of limitations for certain events or situations like military service or involuntary mental health commitments. The statute of limitation can be extended in the event of fraudulent misrepresentation or willful concealment.

Damages

Damages are a form of compensation that is given to the victim after an act of wrongdoing or tort. There are two main types of damages: compensatory and punitive. Compensatory damages are meant to compensate plaintiffs for injured their losses and aim to make them whole again after an injury, while punitive damages punish the defendant for fraud, a wrongful act that caused harm or gross negligence.

The amount of damages is highly subjective, and based on the specific facts of each case. A seasoned personal injury lawyer can assist you in determining the totality of your losses. This will increase your chances of obtaining the highest amount possible. For example your lawyer could employ experts to testify about the extent of your pain and suffering and psychologist or psychiatrist expert witness to support your claim for emotional distress.

To get the maximum compensation, it is essential to record your current and future losses. Your lawyer will help you keep a detailed record of your expenses and financial loss incurred in addition to the value of your future income loss. Experts are often required to determine estimates based on the permanent impairment or disability caused by your injury.

If the defendant does not have enough insurance coverage to pay your claims, you are able to get a civil judgement against them personally. But, this is very difficult unless the defendant is a large asset or is a corporate entity with multiple assets.

Statute of Repose

While statutes of limitations and statutes of repose both limit the amount of time a plaintiff must wait to file a claim for damages However, there are some important differences between the two. Statutes of limitations are a procedural and forward-looking law statutes of repose are substantive and backward-looking.

A statute of repose, also known as a statute, is a law which gives a time limit that must be met before legal action is not allowed - without the limitations that a statute limitations have. It is common for statutes of repose to apply to construction defect cases, products liability lawsuits as well as medical malpractice claims.

The main distinction is that the statute of limitations typically starts to run when a plaintiff is hurt or becomes aware of their loss however, a statute of repose generally begins to run when an event triggers it. This is a concern in cases involving product liability. It could take years before a plaintiff purchases and uses a product and the company is aware of any issues.

Due to these differences It is crucial that injury attorneys victims consult with an attorney prior to the applicable statutes expire. Michael Ksiazek is a partner at Stark & Stark's Yardley, PA office and is focused on Accident and Personal Injury Law. Contact him for a no-obligation consultation.

Duty of Care

A duty of care is the obligation people owe others to exercise reasonable caution when performing activities that could lead to harm. It is generally regarded as negligence when a person fails to comply with their obligation of care and someone gets injured in the process. There are many instances where a person or company is obligated to provide care to the public. This includes accountants and doctors who prepare taxes and store owners cleaning snow and ice from the sidewalks to avoid people falling and causing injury to themselves.

To be able to claim damages in a negligence claim, you must prove that the party who injured you owed a duty of duty and breached their obligation and that their lapse caused your injury. The norm of care is usually determined by what other doctors would do under similar circumstances. If a doctor performs surgery in the wrong limb, this may be considered a breach of duty, because other surgeons would take the correct chart under similar circumstances.

It is also important to remember that the standard of care must not be so high as to create a liability that is unlimited for all parties. This is a balance that is carefully reviewed by juries in jury trials and judges in bench trials.