minerouter82
User Name: You need to be a registered (and logged in) user to view username.
Total Articles : 0
What Makes Injury Legal The terminjury legal is used to describe the harm loss or damage that an person suffers of anothers negligence or indefensible actions It is a part of tort law injury lawyer indiana of injury is one thats bodily which includes things like whiplash concussion and broken bones These injuries should be treated by a medical professional Statute of limitations The law sets a timeframe known as the statute of limitations within which an injured party can start a lawsuit Failure to file a lawsuit will result in the claim being time barred and the person who was injured will not be able get compensation for their losses The statute of limitations varies from state to state and also depending on the 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 a few exceptions to the standard that may delay the filing of a lawsuit One such exception is known as the discovery rule which states that the statute of limitations clock cannot begin until the injury is discovered or should have been discovered This is typically found in cases involving hidden circumstances such as asbestos exposure or certain medical malpractice claims Another exception applies to minors who have a year following the age of 18 to start lawsuits even though the statute of limitations will normally expire before they reach the age of 19 There is also the tolling provision which allows the limitations period to be suspended during certain situations and events such as military service or involuntary mental hospitalization Finally there is the statute of limitations extension in the event of willful concealment or fraud false representation Damages Damages are compensation given to the victim after a tort or wrongdoing There are two types of damages punitive and compensatory Compensatory damages are meant to compensate plaintiffs and to make them whole after an injury Punitive damages are meant to punish the defendants for fraud malicious acts that caused harm or gross negligence The amount of damage is extremely subjective and based on the unique circumstances of each individual case A personal injury lawyer with years of experience can assist you in documenting your losses in full This increases your chances of obtaining the maximum amount of compensation that you are able to For instance your lawyer may use experts to testify about the extent of your pain and suffering or a psychologist or psychiatrist expert witness to back up your claim for emotional distress To receive the most compensation you must carefully record your current and future losses Your lawyer will assist with keeping detailed documents of the expenses and financial losses incurred as well as calculating the value of your future loss of income Experts are often required to determine estimates based on the permanent impairment or disability that results from your injury If the defendant does not have sufficient insurance to cover your claims you may be able to obtain a civil lawsuit against them This isnt always easy unless the defendant is a major corporation 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 a plaintiff is able to file a claim claiming injury however there are some resemblances Statutes are procedural forwardlooking and substantive A statute of repose also known as a statute is a law which specifies a timeframe that must be met before legal action is not allowed without the limitations that a statute limitations It is common for a statute of repose to be applied to construction defect cases product liability lawsuits as well as medical malpractice claims The main difference is that a statute starts to run following an event while the statute of limitations generally starts when the plaintiff discovers or suffers losses This could be a problem in cases involving product liability It can take years before a plaintiff buys and utilizes a product and the company is aware of any issues Due to these differences and the fact that there are a variety of different laws it is important that victims of injury consult with a personal injury lawyer near them before the applicable statutes of limitation and repose statutes expire Michael Ksiazek a partner at Stark and Starks Yardley office concentrates on Accident Injury Law Contact him to arrange 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 could be expected to cause harm If someone fails to meet a duty of diligence and someone is injured due to it it is considered negligence There are a variety of situations where a person company owes a duty of care to the public including accountants and doctors who prepare taxes and store owners cleaning snow and ice off the sidewalks to prevent people from falling and hurting themselves To be able to claim damages in a tort claim it is necessary to show that the person who injured you had an obligation of care and that they breached that duty of care and that their negligence was the primary and direct cause of your injuries The norm of care is usually determined by what other experts would do in similar situations If a surgeon makes a surgical procedure on the wrong leg this may be considered to be a breach of duty because other surgeons are likely to read the chart correctly under similar circumstances It is also important to keep in mind that the standard of care cannot be high enough to limit liability to all parties It is a balance which is vetted by juries in jury trials and judges in bench trials
