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What Makes Injury Legal The terminjury legal is used to describe the damage or loss an individual suffers from the negligence of another persons or wrongful conduct injury law firm indiana is a part of tort law The most obvious type of injuries is the bodily that includes things like concussion whiplash and broken bones It is important to seek medical treatment for these injuries Statute of Limitations The law establishes a deadline called the statute of limitations within which an injured party can bring a lawsuit Failure to file a lawsuit will result in the claim being time barred and the victim is not able to recover compensation for their losses The time period for the statute of limitations differs from state to state and also depending on the type of claim The clock of the statute of limitations usually begins to tick when the accident or incident which caused the injury occurs There are a few exceptions to the rule that can extend the time to file a lawsuit One of them is known as the discovery rule which states that the statute of limitations clock cannot begin until the injury is discovered or ought to have been discovered This is typically found in cases involving hidden conditions such as asbestos exposure or medical malpractice claims A minor may be granted an additional year to file a lawsuit even although the statute would usually expire before the age of 19 There is also the tolling provision that suspends the statute of limitation during certain situations or events such as military service or involuntary mental health commitments The statute of limitations can be extended for fraudulent misrepresentation or intentional concealment Damages Damages are compensation that is paid to the victim after an act of wrongdoing or tort There are two kinds of damages punitive and compensatory Compensatory damages aim to compensate plaintiffs and to make them whole after an injury Punitive damages are used to punish defendants for fraudulent acts devious actions that cause harm or gross negligence The amount of damages awarded is subjective and based upon the specific facts of each case An experienced personal injury attorney can help you document the full extent of your losses This increases your chances of obtaining the maximum amount of compensation that you are able to For example your lawyer could employ experts to testify on the extent of your suffering and pain as well as a psychological or psychiatric expert witness to back up your emotional distress claim In order to receive the maximum amount of amount of compensation you should carefully document your current and future losses Your attorney will help you keep a detailed record of all expenses and financial losses incurred as well as the value of your future lost income Experts are often needed to calculate estimates based on the permanent impairment or disability that results from your injury If the defendant doesnt have sufficient insurance to cover your claims you could be able to seek an injunction against them This isnt always easy unless the defendant is a major corporation or has multiple assets Statute of Repose While statutes of limitations and statutes of repose restrict the time that a plaintiff has to file an injury claim there are some notable distinctions between the two Statutes of limitations are procedural and forwardlooking and forwardlooking while statutes of repose are substantive and look backwards In essence its a simple definition a statute of repose is a law which sets a hard deadline after which legal actions are barred with the same exceptions as a statute of limitation It is typical for a statute of repose to be applied to construction defect cases products liability lawsuits and medical malpractice claims The most notable distinction is that a statute of limitations typically is in effect when the plaintiff is injured or learns of their loss and a statute of restraint generally begins to run when an incident triggers it This can be a problem 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 Because of these differences it is important to ensure that victims of injuries consult an attorney prior to the applicable statutes expire Michael Ksiazek a partner in the Stark Starks Yardley office concentrates on Accident Injury Law Contact him now for free consultation Duty of Care A duty of care is an obligation one owes to others to exercise reasonable caution when doing something that may cause harm in the future It is generally considered negligence when an individual fails to comply with their obligation of care and a person is injured as a result There are many situations where a person or company owes a duty of care to the public This includes accountants and doctors who prepare taxes and store owners who clear snow and ice off the sidewalks to avoid people falling and injuring themselves To successfully claim damages in a case of tort you will need to establish that the party that injured you was owed an obligation of care that they violated that duty of care and that their breach was the primary and most direct cause of your injury The level of care required is usually established by what other professionals do in similar situations For example the case where a physician performs surgery on the wrong leg it could be considered a breach in duty because other surgeons under similar circumstances will likely examine the patients chart in a correct manner It is also important to keep in mind that the standard of care cant be so high that it will make it impossible to impose liability on all parties It is a balance that is carefully reviewed by juries in jury trials as well as judges in bench trials
