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What Makes Injury Legal Injury legal is a term used to describe the loss or harm that an individual suffers due to the negligence or wrongdoing of anothers actions It falls under tort law The most obvious damage is a bodily injury that can result in concussions whiplash broken bones and concussions It is essential to seek medical assistance for these injuries Statute of Limitations The law sets a deadline called the statute of limitations within which a person injured can start a lawsuit If you dont comply with the law your claim will be timebarred and you will not be able to recover compensation for your losses The time limit for a claim varies from state to state and also by type of case The statute of limitations clock generally starts to tick at the time the accident or incident that resulted in injury occurs There are a few exceptions to the standard that may extend the time to file a lawsuit One of these exceptions is known as the discovery rule which states that the clock of statute of limitations does not begin until the injury is discovered or could have been discovered This is typically seen in cases where conditions are concealed like asbestos or certain medical malpractice claims A minor may 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 events and situations including military service and involuntary mental hospitalization Finally there is the extension of the statute of limitations for fraud or willful false representation Damages Damages are the amount of compensation that is paid to the victim of a tort wrongful act There are two kinds of damages compensatory and punitive Compensatory damages are intended to compensate the plaintiffs and ensure they are fully compensated after an injury Punitive damages are designed to punish the defendants for fraudulent acts devious actions that caused harm or for gross negligence The amount of damage is highly subjective and is based on each cases unique facts A seasoned personal injury lawyer can help you document the extent of your losses This will increase your chances of obtaining the highest amount possible Your lawyer could call in experts to provide evidence of the severity of your suffering or to back up 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 attorney will assist in keeping detailed documents of the expenses and financial losses you have incurred and will also calculate the value of your future loss of income This can be quite complicated and usually involves calculating estimates based on 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 can get a civil judgement against them personally This can be extremely difficult unless the defendant is a large asset or is a company with multiple assets Statute of Repose While statutes of limitations and statutes of repose restrict the time a plaintiff must wait to file a claim for injury There are a few notable distinctions between the two Statutes are procedural forwardlooking and substantive In simple terms its a simple definition a statute of repose is a law which sets an exact deadline for when legal actions are barred without the same exceptions as a statute of limitation A statute of repose can be used in product liability suits and medical malpractice claims The main difference is that a statute begins to run following an event while the statute of limitations generally begins when the plaintiff is aware of or suffers the loss This can be a challenge in cases involving product liability It could take years before a plaintiff buys and uses a product and the company is aware of any defects Due to these differences in the law it is essential to ensure that victims of injuries consult a personal attorney before the applicable statutes expire Michael Ksiazek is a partner at Stark Starks Yardley PA office and is a specialist in Accident and Personal Injury Law Contact him for a free consultation Duty of Care A duty of care is the obligation one owes to others to use reasonable caution when doing things that could result in harm If a person fails comply with a duty and someone is injured as a result this is considered negligence There are many instances in which a person or company owes a duty of care to the public including accountants and doctors who prepare tax returns and store owners removing snow and ice from the sidewalks to avoid people falling and injuring themselves In order to successfully claim damages in a tort case it is necessary to prove that the party who injured you owed you a duty of care and that they violated that duty of care and that their negligence was the primary and direct cause of your injury The level of care required is usually established by what other professionals do in similar circumstances For instance if a doctor performs surgery on the wrong leg it could be considered a breach in duty because other surgeons working in similar circumstances would most likely examine the patients chart in a correct manner It is also important to note that the standard of care cannot be high enough to create a liability that is unlimited for all parties In injury law firm new orleans and in bench trials the balance is assessed by juries and judges
