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What Makes Injury Legal Legal injury is a term used to describe the harm or loss suffered by an individual as a result of an individuals negligent or unlawful actions It falls under the umbrella of tort law The most obvious form of injury is one that is bodily which includes things such as whiplash concussion and broken bones It is essential to seek medical assistance for these injuries Statute of limitations The law imposes the time frame also known as the statute of limitations within which an injured person has the option of filing a lawsuit If you fail to meet the deadline your claim will be timebarred and you wont be able obtain compensation for your losses The particulars of the statute of limitation vary between states and each kind of case has its own specific time period as well The statute of limitations clock typically starts ticking at the time that the accident or incident that caused injury occurs However there are several exceptions that could prolong the time for filing a lawsuit One of them is known as the discovery rule which states that the clock of statute of limitations doesnt begin until the injury is discovered or ought to have been discovered This is usually seen in cases where injuries are concealed like asbestos or certain medical malpractice claims A minor can also be granted an extra year to file a lawsuit even though the statute would normally expire before they turn 19 There is also the tolling provision which suspends the limitations period during certain circumstances such as military service and involuntary mental hospitalization The statute of limitations could be extended for fraudulent misrepresentation or willful concealment Damages Damages are a form of compensation given to the victim of a tort wrongful act There are two types of damages punitive and compensatory Compensatory damages compensate plaintiffs for their losses and are intended to make them whole again following an injury whereas punitive damages penalize the defendant for fraud a devious act that caused harm or reckless negligence The amount of damages awarded is highly subjective and based upon the specific circumstances of each case A personal injury lawyer with years of experience can assist you in documenting the full extent of your losses This will increase your odds of obtaining the maximum amount of compensation that is possible Your lawyer might call in experts to testify about the extent of your suffering or to support your claim for emotional distress Obtaining maximum compensation requires careful documentation of your present and future economic losses Your lawyer will assist in keeping detailed records of the expenses and financial losses incurred and also in calculating the value of your future loss of income This can be difficult and usually involves the calculation of estimates based upon your injurys permanent impairment or disability which requires the assistance of experts If the defendant has insufficient insurance coverage to pay your claims then you can obtain a civil judgment against them personally However injury lawsuit edinburg could be very difficult unless the defendant has significant assets or is a corporate entity with multiple assets Statute of Repose There are some distinctions between statutes of limitation and statutes of repose Both restrict the time that a plaintiff is able to file a claim for injury but there are also some commonalities Statutes are procedural forwardlooking and substantive A statute of repose in short it is a law that specifies a timeframe within which legal action is not allowed without the exceptions that a statute or limitations A statute of repose is often applied to lawsuits involving construction defects products liability suits and medical malpractice claims The most notable difference is that whereas the statute of limitations typically begins to run when the plaintiff is hurt or becomes aware of their loss however a statute of repose generally begins to run when an incident triggers it This could be a problem in product liability cases for example since it can take a long time for the plaintiff to purchase and use a product even before the company is aware of any defect Due to these distinctions It is essential for victims of injuries to speak with a personal injury lawyer close to them before the applicable statutes of limitation and statutes of repose run out Michael Ksiazek a partner at Stark and Starks Yardley office concentrates on Accident Injury Law Contact him today to arrange nocost consultation Duty of Care A duty of care is the obligation individuals owe to others to exercise reasonable caution when doing things which could cause harm When a person fails to meet a duty of diligence and someone is injured due to it it is considered to be negligence A company or person has an obligation of care towards the public in various situations This includes doctors preparing tax returns accountants making tax returns and store owners removing snow off sidewalks to ensure that people do not fall and hurt themselves In order to successfully claim damages in a case of tort you must establish that the party that injured you was owed an obligation of care and that they breached their duty of care and that their negligence was the sole and primary reason for your injury The standard of care is typically determined by what other experts perform in similar situations For instance the case where a physician performs surgery on the wrong leg it may be considered a breach of duty because other surgeons under similar circumstances could have read the patients medical chart correctly It is also important to remember that the standard of care cant be so high that it could impose unlimited liability on all parties In jury trials and in bench trials the balance is examined by both juries and judges
