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What Makes Injury Legal Injury legal is a term used to describe the loss or harm suffered by an individual due to an individuals negligent or unlawful actions It is a part of the tort law The most obvious injury is a bodily injury that can result in concussions whiplash and broken bones It is crucial to seek medical help for these injuries Statute of Limitations The law sets a deadline known as the statute of limitations within which an injured party can make a claim If you fail to meet the deadline with the law your claim will be timebarred and you will not be able to obtain compensation for your losses The particulars of the statute of limitations vary from state to state and each kind of case has its own specific time frame as well The statute of limitations clock generally starts to tick when the accident or incident that resulted in injury occurs However there are some exceptions that can extend the time required to file a lawsuit The discovery rule is one exception It states that the statuteoflimits clock doesnt begin until the injury has been discovered or ought to have been discovered This is most commonly observed in cases that involve hidden issues such as asbestos exposure or medical malpractice claims Another exception is for minors who have a year from their 18th birthday to initiate litigation even although the statute of limitations usually runs before they reach age 19 There is also the tolling provision which extends the limitation period for certain circumstances and events such as military service and involuntary mental hospitalization Finally there is the extension of the statute of limitations for fraud or willful deception Damages Damages are a form of compensation given to the victim of an act of tort wrongful act There are two types of damages punitive and compensatory Compensation damages are designed to compensate the plaintiffs and restore them to their fullness after an injury Punitive damages are meant to punish the defendants for fraud malicious actions that cause harm or gross negligence The amount of damages awarded is highly subjective and is based on the particular facts of each case A personal injury lawyer who has experience will assist you in capturing your losses in full This increases your odds of receiving the maximum amount possible Your lawyer could call in expert witnesses to describe the severity of your pain and suffering or to prove your claim for emotional distress To receive the maximum amount of compensation you need to have thorough documentation of your present and future economic losses Your attorney will assist you in keeping meticulous records of the expenses and financial losses that you incur and will also calculate the amount of future lost income This can be quite complicated and usually involves the calculation of estimates based upon the severity of your injury and its permanent disability which requires the assistance of experts If the defendants insurance coverage is inadequate insurance coverage to pay your claims you can pursue a civil judgment against them personally This can be difficult unless the defendant is a large company or has multiple assets Statute of Repose There are some distinctions between statutes of limitation and statutes of repose Both restrict the time a plaintiff is able to make a claim for injury but there are also some similarities Statutes are procedural forwardlooking and substantive A statute of repose as its known it is a law that specifies a timeframe within which legal action is prohibited with the same limitations that a statute limitations provide A statute of repose is often used in construction defect lawsuits products liability suits and medical malpractice claims The most notable difference is that while the statute of limitations generally starts to run when a plaintiff is injured or learns of their loss a statute of repose typically begins to run when an event triggers it 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 issues Due to these distinctions it is important that victims of injury consult an attorney prior to the statutes that apply to them expire Michael Ksiazek is a partner at the Stark Sterns Yardley PA office and is focused on Accident and Personal Injury Law Contact injury attorney plymouth for a free consultation Duty of Care A duty of care is a duty that a person owes others to exercise reasonable care in doing anything that could be predicted to cause harm It is usually regarded as negligence when a person fails to fulfill their duty of care and a person is injured in the process There are many situations where a person or company is bound by a duty of care to the public such as accountants and doctors who prepare taxes and store owners clearing snow and ice off sidewalks to stop people from falling and hurting themselves To be able to claim damages in a case of negligence you must prove that the party who injured you owed a duty of duty and that they violated this duty duty and that their negligence caused your injury The norm of care is usually established by what other medical professionals would do in similar situations For instance if a doctor performs surgery on the wrong leg it could be considered a breach in obligation because other surgeons in the same circumstances would likely have read the patients medical chart correctly It is vital to note that the standard of care should not be excessive that it creates unlimited liability on all parties It is a balance that is carefully reviewed by juries in jury trials as well as judges in bench trials
