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What Makes Injury Legal The terminjury legal is used to describe the damage loss or damage that an individual suffers as a result of a negligent act or wrongful actions It is a part of the tort law The most obvious kind of injury is one thats bodily which includes things such as whiplash concussions and broken bones It is crucial to seek medical assistance for these injuries Statute of limitations The law establishes an amount of time referred to as the statute of limitations within which an injured person is able to file an action If you fail to comply with the statute of limitations your claim is timebarred and you wont be able to claim compensation for your losses The specifics of the statute of limitations can differ from state to state and each kind of claim has its own particular time period as well 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 which can delay the filing of a lawsuit The discovery rule is one such exception It states that the clock for the statute of limitations is not set until the injury has been identified or should have reasonably been discovered This is usually seen in situations where the cause is 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 prior to turning 19 Then there is the tolling provision that suspends the statute of limitations during certain events or circumstances such as military service or involuntary mental health commitments There is also the extension of the statute of limitations for willful concealment or false representation Damages Damages are the compensation paid to the victim in the aftermath of an act of wrongdoing or tort There are two kinds of damages compensatory and punitive Compensatory damages aim to compensate plaintiffs and restore them to their fullness after an injury Punitive damages are designed to punish the defendants for fraudulent acts devious actions that caused harm or for gross negligence injury lawsuit cedar rapids of damages awarded is highly subjective and based upon the unique facts of each case A personal injury lawyer with years of experience can assist you in documenting your entire loss This increases your odds of obtaining the most money possible For instance your lawyer could employ experts to testify about the extent of your pain and suffering as well as a psychological or psychiatric expert witness to bolster 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 assist you keep detailed records of expenses and financial loss incurred as well as the amount of the future loss of income Experts are often needed to calculate estimates based upon the permanent impairment or disability resulting from your injury If the defendant doesnt have sufficient insurance to cover your claims you may be able to pursue a civil judgment against them This can be a challenge unless the defendant is a large company or has multiple assets Statute of Repose There are some distinctions between statutes of limitation and statutes de repose Both limit the amount of time the plaintiff has to make a claim for injury however there are some resemblances Statutes of limitations are procedural and forwardlooking and forwardlooking while statutes of repose are substantive and retrolooking A statute of repose or in other words is a law that sets a deadline when legal action can be not allowed without the exceptions as a statute of limitations A statute of repose can be used in product liability suits and medical malpractice claims The major difference is that a statute starts to run following an event whereas the statute of limitations typically begins when a plaintiff finds or suffers losses This is a concern in cases involving product liability for example since it can take a long time for a plaintiff to purchase and use a particular product before the company is aware of any defects Due to these distinctions It is essential for injury victims to consult with a personal injury attorney near them prior to when the applicable statutes of limitations and repose statutes run out Michael Ksiazek a partner in Stark Starks Yardley office focuses on Accident Injury Law Contact him to arrange a noobligation consultation Duty of Care A duty of care is the obligation one owes to others to exercise reasonable care when doing something which could cause harm It is typically regarded as negligent when someone fails to fulfill their duty of care and someone gets injured as a result There are many instances where a person or company is bound by a duty of care to the public such as accountants and doctors preparing tax returns and store owners removing snow and ice from sidewalks to prevent people from falling and injuring themselves To successfully seek damages in a tort lawsuit it is necessary to establish that the party that injured you was owed a duty of care that they breached their duty of care and that their breach was the primary and direct cause of your injuries The norm of care is usually established by what other medical professionals would do in similar situations For instance the case where a physician performs surgery on the wrong leg it could be considered a breach of duty since other surgeons operating in similar circumstances will likely have read the patients medical chart correctly It is crucial to remember too that the standard of care should not be excessive that it creates an unlimited liability on all parties This is a balance that is carefully reviewed by juries in jury trials as well as judges in bench trials
