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What Makes Injury Legal The term injury legal is used to describe the harm or loss an individual suffers as a result from the negligence of another persons or indefensible actions It falls under the umbrella of tort law The most obvious form of injury is one that is bodily which includes things like whiplash concussion and broken bones These injuries must be treated by medical professionals Statute of Limitations The law sets a deadline called the statute of limitations within which a person injured can bring a lawsuit If you do not comply with the law your claim will be timebarred and you will not be able get compensation for your losses The time period for the statute of limitations differs from state to state and also depending on the type of case The statute of limitations clock typically starts ticking when the accident or incident causing injury occurs However there are some exceptions that can extend the time to file a lawsuit The discovery rule is an exception It states that the statuteoflimitations clock doesnt begin until the injury has been discovered or should have reasonably been discovered This is seen most often in situations where the cause is concealed such as asbestos or certain medical malpractice claims Another exemption is for minors who have a year following the age of 18 to start litigation even when the statute of limitations will normally expire before they reach the age of 19 There is also the tolling provision that extends the limitation period for certain circumstances and events like military service and involuntary mental hospitalization The statute of limitations could be extended in the event of fraud or deliberate concealment Damages Damages are compensation that is paid to the victim following the commission of a wrongdoing or a tort There are two kinds of damages punitive and compensatory Compensation damages are designed to compensate the plaintiffs and make them whole after an injury Punitive damages are used to punish the defendants for fraudulent acts devious acts that caused harm or gross negligence The amount of damages is highly subjective and is based on the particular facts of each case A personal injury lawyer who has experience can assist you in documenting your full losses This increases your odds of obtaining the most money possible For instance your lawyer could use experts to testify about the extent of your pain and suffering as well as a psychologist or psychiatrist expert witness to support your claim for emotional distress To receive the maximum amount of compensation you need to have thorough documentation of your current and future economic losses Your attorney will assist you keep a detailed record of all financial losses and expenses incurred as well as the amount of your lost income in the future This can be difficult and often requires making estimates based on the permanent impairment caused by your injury or disability that requires the help of experts If the defendant does not have enough insurance coverage to cover your claims you can pursue a civil judgment against them personally But this is extremely difficult unless the defendant has significant assets or is a corporation with multiple assets Statute of Repose There are some differences between statutes of limitation and statutes of repose Both restrict the time that the plaintiff has to make a claim for injury however there are certain similarities Statutes of limitation are procedural and forwardlooking and forwardlooking while statutes of repose are substantive and retrolooking In short an esoteric sense a statute or repose is a law that establishes an absolute deadline within which legal actions are barred but without the same exemptions as the statute of limitations A statute of repose is often applied to lawsuits involving construction defects products liability suits and medical malpractice claims The main distinction is that the statute of limitations generally begins to run when the plaintiff is injured or learns of their loss the statute of repose generally begins to run when an incident triggers it This can be a challenge in product liability cases It could take several years before a plaintiff buys and utilizes a product and the company becomes aware of any issues Due to these variations due to these differences it is imperative that injury victims consult with an attorney before the statutes that apply to them expire Michael Ksiazek is a partner at the firm of Stark Starks Yardley PA office and focuses on Accident Personal Injury Law Contact him for a noobligation consultation Duty of Care A duty of care is an obligation that a person owes others to exercise reasonable caution when doing something that may be expected to cause harm It is generally considered negligence when someone fails to comply with their obligation of care and someone is injured in the process A person or company has an obligation to care for the public in many situations injury law firm santa ana includes doctors who are preparing tax returns accountants preparing tax returns and store owners clearing snow off sidewalks to ensure that people dont slip and end up hurting themselves To successfully claim damages in a tort lawsuit you will need to show that the person who injured you was bound by an obligation of care and that they breached that duty of care and that their negligence was the primary and direct cause of your injury The level of care required is usually determined by what other doctors do in similar circumstances For instance if a doctor performs surgery on the wrong leg it may be deemed a breach of duty because other surgeons under similar circumstances could be able to read the patients record correctly It is also important to keep in mind that the standard of care cannot be so high that it will create a liability that is unlimited for all parties This balance is carefully reviewed by juries in jury trials as well as judges in bench trials
