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What Makes Injury Legal Legal injury is a term used to describe the harm or loss suffered by an individual due to an individuals negligent or unlawful actions It falls under the tort law The most obvious type of injury is a bodily one which includes things such as whiplash concussion and broken bones These injuries must be treated by an expert medical professional Statute of limitations The law establishes the time frame also known as the statute of limitations in which an injured person is able to file an action If you dont comply with the law your claim will be timebarred and you will not be able obtain compensation for your losses The statute of limitations varies from state to state and by type of case The clock of the statute of limitations usually starts to tick when an accident or incident that caused the injury occurs There are some exceptions to the standard that may extend the time for filing a lawsuit The discovery rule is an exception It states that the statuteoflimits clock will not begin until the injury has been identified or should have reasonably been discovered This is most commonly seen in cases where conditions are concealed like asbestos or certain medical malpractice claims Another exception is for minors who have a year after the age of 18 to start legal proceedings even while the statute of limitation usually runs before they reach the age of 19 Then there is the tolling provision that suspends the statute of limitation during certain circumstances such as military service or involuntary mental health obligations In addition there is the statute of limitations extension for willful concealment or false representation Damages Damages are compensation that is paid to the victim following a tort or wrongdoing There are two kinds of damages punitive and compensatory Compensation damages compensate plaintiffs for their losses and aim to restore them after an injury while punitive damages punish a defendant for fraud an illintentional act that caused harm or gross negligence The amount of damages awarded is highly dependent and based on the unique facts of each case An experienced personal injury attorney can help you document the full extent of your losses This increases your chances of receiving the maximum amount possible Your lawyer can call expert witnesses to describe the severity of your pain and suffering or to support your claim for emotional distress In injury lawyer jersey city to maximize compensation you need to take care in the documentation of your current and future economic losses Your attorney will help you keep meticulous records of the financial losses and expenses incurred in addition to the value of your lost income in the future Experts are often needed to determine estimates based on the permanent impairment or disability of your injury If the defendants insurance coverage is inadequate insurance coverage to pay your claims you are able to obtain a civil judgment against them personally This isnt always easy unless the defendant is a large corporation or has multiple assets Statute of Repose While statutes of limitations and statutes of repose restrict the time a plaintiff has to file a claim for damages However there are some important distinctions between the two Statutes of limitations are procedural and forwardlooking statutes of repose are substantive and retrolooking A statute of repose as its known is a law that establishes a time frame when legal action can be prohibited with the same exceptions as a statute of limitations A statute of repose is often used in lawsuits involving construction defects products liability suits and medical malpractice claims The major difference is that a statute begins to run after an event whereas the statute of limitations usually begins when the plaintiff notices or suffers a loss This could be a problem in product liability cases It could take years before a plaintiff purchases and uses a product and the company becomes aware of any issues Due to these variations due to these differences it is imperative that injured victims consult an attorney prior to 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 to arrange a noobligation consultation Duty of Care A duty of care is the obligation one owes to others to exercise reasonable caution when doing something which could cause harm When a person fails to perform a duty of care and suffers injury as a result this is considered negligence There are a variety of situations where a person business is responsible for providing care to the public This includes accountants and doctors preparing tax returns and store owners removing snow and ice off the sidewalks to avoid people falling and hurting themselves To be able to claim damages in a negligence case you must prove that the party who injured you was in obligations to you and breached their duty duty and that their lapse caused your injury The quality of care is typically determined by what other experts perform in similar situations If a surgeon performs surgery on the wrong leg this could be considered unprofessional conduct because other surgeons would read the chart correctly under similar circumstances It is important to note that the standard of care must not be so high that it imposes the same liability to all parties It is a balance that is carefully scrutinized by juries in jury trials and judges in bench trials
