The Three Greatest Moments In Injury Attorney History

What Makes Injury Legal?

The term "injury legal" is used to define the harm or loss sustained by a person due to the negligence or wrongdoing of another's actions. It is a part of the tort law.

The most obvious form of injuries is the bodily which includes things such as whiplash, concussion, and broken bones. These injuries should be treated by an expert medical professional.

Statute of limitations

The law establishes an expiration date, known as the statute of limitations, within which an injured party can file a lawsuit. Failing to do so will result in the claim being "time barred" and the victim cannot receive compensation for their losses. The details of the statute of limitations vary from state to state, and each type of instance has its own distinct time frame, as well.

The "clock" of the statute of limitations usually starts ticking when the incident or accident that caused the injury occurs. However, there are several exceptions that can extend the time needed to file a lawsuit. The discovery rule is one such exception. It states that the statute-of-limits clock is not set until the injury has been identified or should have reasonably been discovered. This is typically seen in cases where injuries are concealed, like asbestos or certain medical malpractice claims.

Another exception applies to minors, who have a year from their 18th birthday to initiate legal proceedings even although the statute of limitations typically runs before they reach the age of 19. Then there is the "tolling" provision, which suspends the statute of limitations in certain circumstances, like military service or involuntary mental health commitments. The statute of limitations may be extended in the event of fraud or deliberate concealment.

Damages

Damages are a form of compensation given to the victim of an offense (wrongful act). There are two kinds of damages: compensatory and punitive. Compensatory damages compensate plaintiffs for their losses and injury aim to restore them after an accident, whereas punitive damages punish a defendant for fraud, a devious act that caused harm or reckless 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 who has experience will assist you in capturing the full extent of your losses. This will increase your chances of obtaining the largest amount possible. For instance, your lawyer may use expert witnesses to testify on the extent of your suffering and pain as well as a psychological or psychiatric expert witness to back up your claim for emotional distress.

To receive the maximum amount of compensation, you need to have thorough documentation of your current and future economic losses. Your attorney will assist in keeping meticulous notes of your expenses and financial losses incurred and also in calculating the value of future lost income. Experts are often needed to estimate the value of your claim based on the permanent impairment or disability that results from your injury attorney.

If the defendant does not have sufficient insurance to cover your claims, you could be able to seek an injunction against them. But, this is very difficult unless the defendant is a large asset or is a corporation with multiple assets.

Statute of Repose

While statutes of limitations and statutes of repose limit the amount of time a plaintiff has to file a claim for injury, there are some notable distinctions between the two. Statutes of limitations are a procedural and forward-looking law, whereas statutes of repose are substantive, and look backwards.

A statute of repose, in short is a law that establishes a time frame that must be met before legal action is closed - without the exceptions as a statute or limitations provide. It's common for a statute of repose to be applied to construction defect cases, product liability lawsuits and medical malpractice claims.

The biggest difference is that while a statute of limitations typically starts to run when a plaintiff suffers harm or injury discovers their loss however, a statute of repose usually begins to run when an incident triggers it. This can be a challenge in cases involving product liability. It could take several years before a plaintiff purchases and uses a product and the company becomes aware of any flaws.

Because of these differences, it is important that victims of injury consult an attorney before the applicable statutes expire. Michael Ksiazek is a partner at the Stark & Stern's Yardley, PA office and is focused on Accident and Personal Injury Law. Contact him now for free consultation.

Duty of Care

A duty of care is a duty that a person owes others to exercise reasonable care when performing a task that could be expected to cause harm. If someone fails to meet a duty of diligence and a person is injured due to it, it is considered to be a case of negligence. There are many instances where a person company is bound by a duty of care to the public, including accountants and doctors who prepare tax returns and store owners removing snow and ice off sidewalks to stop people from falling and injuring themselves.

To be able to claim damages in a negligence case, you must prove that the person who injured you was an obligation of care and acted in breach of this obligation and that their negligence caused your injury. The quality of care is typically determined by what other doctors apply in similar circumstances. If a surgeon performs surgery in the wrong leg this could be considered to be a breach of duty since other surgeons take the correct chart under similar circumstances.

It is also important to keep in mind that the standard of care should not be so high that it will limit liability to all parties. This is a balance that is vetted by juries in jury trials as well as judges in bench trials.