20 Fun Facts About Injury Attorney > 문의하기

What Makes Injury Legal?

The term"injury" legal is used to describe the harm, loss or damage that an individual suffers as a result from the negligence of another person's or wrongful actions. It falls under tort law.

The most obvious accident is a bodily affliction that can result in concussions whiplash, and fractured bones. It is crucial to seek medical attention for these injuries.

Statute of Limitations

The law sets an expiration date, known as the statute of limitations within which an injured person has the option of filing a lawsuit. If you don't comply, your claim will be "time-barred" and you will not be able to recover compensation for your losses. The time-limit for claims varies from states to states and depending on the type of claim.

The "clock" of the statute of limitations typically begins to tick when the accident or incident that caused the injury occurs. However, there are many exceptions that may extend the time needed to file a lawsuit. One of them is known as the discovery rule, which states that the clock for the statute of limitations cannot begin until the injury is discovered or reasonably should have been discovered. This is seen most often in cases where injuries are hidden, such as asbestos or certain medical malpractice claims.

A minor can be granted an additional year to file a lawsuit even though the statute would normally expire before they turn 19. There is also the "tolling" provision that extends the limitation period for certain circumstances including military service and involuntary mental hospitalization. The statute of limitations may be extended in the event of fraud or willful concealment.

Damages

Damages are a form of compensation that is given to the victim in the aftermath of the commission of a wrongdoing or a tort. There are two kinds of damages: punitive and compensatory. Compensation damages compensate plaintiffs for their losses and are designed to help them recover after an injury, while punitive damages penalize the defendant for fraud, injuries a malicious act that caused harm or gross negligence.

The amount of damages awarded is subjective and based upon the unique circumstances of each case. A personal injury lawyer with experience can help you document the full extent of your losses. This increases your odds of receiving the maximum amount possible. Your lawyer can call experts to provide evidence of the severity of your suffering or injuries to back up your claim for emotional distress.

In order to maximize compensation, you need to take care in the documentation of your current and future economic losses. Your lawyer will help you keep detailed records of financial losses and expenses incurred as well as the value of your lost income in the future. This can be complicated and often involves the calculation of estimates based upon the severity of your injury and its permanent disability that requires the help of experts.

If the defendant does not have enough insurance coverage to pay your claims, you are able to seek a civil judgment against them personally. This isn't always easy unless the defendant is a large company or has multiple assets.

Statute of Repose

There are some distinctions between statutes of limitation and statutes of repose. Both restrict the time the plaintiff has to file a claim for injury however, there are some resemblances. Statutes are procedural, forward-looking, and substantive.

A statute of repose, in short it's a law that sets a deadline that must be met before legal action is barred - without the same exceptions as a statute of limitations. It is common for a statute of repose to be applied to cases involving construction defects, products liability lawsuits, as well as medical malpractice claims.

The most significant difference is that while the statute of limitations usually begins to run when the plaintiff suffers injury lawsuits or is aware of their loss and a statute of restraint typically begins to run when an event triggers it. This could be a problem in product liability cases. It could take years before a plaintiff buys and uses a product, and the company is aware of any defects.

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

Duty of Care

A duty of care is an obligation that a person owes others to exercise reasonable care when doing something that may be expected to cause harm. If a person fails to comply with a duty and suffers injury as a result, this is considered to be negligence. A person or company has an obligation of care towards the public in a variety of situations. This includes doctors who prepare tax returns, accountants preparing tax returns, and store owners clearing snow off sidewalks to ensure that people don't slip and injury themselves.

To successfully claim damages in a tort claim it is necessary to establish that the party that injured you had a duty of care, that they breached their duty of care, and that their negligence was the direct and proximate cause of your injury. The norm of care is usually established by what other professionals would do in similar circumstances. If a surgeon makes a surgical procedure on the wrong leg it could be deemed unprofessional conduct, since other surgeons be able to read the chart correctly in similar circumstances.

It is also important to keep in mind that the standard of care can't be so high as to make it impossible to impose liability on all parties. It is a balance that is vetted by juries in jury trials, as well as judges in bench trials.