The term "injury legal" is used to describe the loss or damage that a person suffers as a result of an individual's negligent or unlawful actions. It is a part of tort law.
The most obvious form of injuries is the bodily that includes things like concussion, whiplash and broken bones. These injuries must be treated by an expert medical professional.
Statute of Limitations
The law sets a deadline, called the statute of limitations within which an individual who has been injured may bring a lawsuit. Failure to file a lawsuit will result in the claim being "time barred" and the party who was injured is not able to get compensation for their losses. The details of the statute of limitation vary from state to state, and each type of case has its own specific time period as well.
The statute of limitations "clock" generally begins to tick at the point that the accident or incident that caused injury occurs. There are a few exceptions to the rule, which can extend the time for filing a lawsuit. The discovery rule is one such exception. It states that the statute-of-limits clock will not begin until the injury case has been identified or ought to have been discovered. This is often 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 usually runs before they reach age 19. There is also the "tolling" provision which extends the limitation period for certain events and situations, such as military service or involuntary mental hospitalization. In addition, there is the statute of limitations extension in the event of willful concealment or fraud. deception.
Damages
Damages are the compensation paid to the victim after an incident of negligence or a tort. There are two types of damages - compensatory and punitive. Compensatory damages aim to compensate plaintiffs and to make them whole after an injury claim. Punitive damages are meant to penalize defendants for fraud, malicious acts that caused harm, or gross negligence.
The amount of damages awarded is subjective and is based on the specific circumstances of each case. A personal injury settlement lawyer with years of experience can assist you in documenting the full extent of your losses. This increases your odds of obtaining the highest amount possible. Your lawyer may call in experts to provide evidence of the extent of your pain and suffering or to support 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 lawyer will help you keep a detailed record of all costs and financial losses you incur in addition to the value of your lost income in the future. This can be complicated and usually involves making estimates based on your injury attorney's permanent impairment or disability that requires the help of experts.
If the defendant's insurance coverage is inadequate, insurance coverage to cover your claims, then you can seek a civil judgment against them personally. This isn't always easy unless the defendant is a major corporation or has multiple assets.
Statute of Repose
While statutes of limitations and statutes of repose both limit the amount of time a plaintiff can have to file a lawsuit There are a few notable differences between the two. Statutes are procedural, Injury legal forward-looking and substantive.
A statute of repose, as it's known is a law that establishes a time frame after which legal action is prohibited - with the same limitations that a statute limitations. It is typical for a statute of repose to be applied to construction defect cases, product liability lawsuits, and medical malpractice claims.
The primary difference is that a statute starts to run following an event, while the statute of limitations generally begins when the plaintiff is aware of or suffers a loss. This can be a problem in product liability cases. It can take years before a plaintiff purchases and uses a product, and the company becomes aware of any flaws.
Due to these differences, it is important that injured victims consult an attorney prior to the applicable statutes expire. Michael Ksiazek is a partner at Stark & Stark's Yardley, PA office and Injury Legal is focused on Accident and Personal injury litigation Law. Contact him today for a no-obligation consultation.
Duty of Care
A duty of care is the obligation one owes to others to use reasonable caution when performing actions that could result in harm. It is generally considered negligence when someone fails to fulfill their duty of care and a person is injured as a result. There are a myriad of circumstances where a person or business is responsible for providing care to the public. This includes accountants and doctors preparing tax returns and store owners removing snow and ice from the sidewalks to avoid people falling and injuring themselves.
To be able to claim damages in a negligence claim, you must prove that the person who injured you owed obligations to you and breached their duty duty and that their breach caused your injury. The standard of care is typically determined by what other doctors do in similar circumstances. For example the case where a physician performs surgery on the wrong leg, it may be considered to be a breach of duty because other surgeons working in similar circumstances would most likely have read the patient's medical chart correctly.
It is also important to note that the standard of care must not be so high that it will make it impossible to impose liability on all parties. In jury trials, and in bench trials the balance is scrutinized by juries as well as judges.
