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What Makes Injury Legal Injury legal is a term used to describe the loss or damage that an individual suffers due to the negligence or wrongdoing of anothers actions It is a part of tort law The most obvious harm is a bodily which includes concussions whiplash broken bones and concussions It is imperative to seek medical treatment for these injuries Statute of limitations The law provides the time frame also known as the statute of limitations in which an injured person has the option of filing a lawsuit If you dont comply with the statute of limitations your claim is timebarred and you will not be able obtain compensation for your losses The particulars of the statute of limitations can differ between states and each type of claim has its own particular time frame as well The clock of the statute of limitations usually starts ticking when the accident or incident that caused the injury occurs However there are injury settlement spokane that could extend the time to file lawsuits 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 ought to have been discovered This is most commonly found in cases involving hidden conditions such as asbestos exposure or medical malpractice claims Another exception is for minors who have a year following their 18th birthday to begin lawsuits even while the statute of limitation would normally run before they reach age 19 There is also the tolling provision that suspends the statute of limitations for certain events or situations like military service or involuntary mental health commitments Then theres the extension of the statute of limitations for fraud or willful falsification Damages Damages are the compensation paid to the victim after a tort or wrongdoing There are two main types of damages punitive and compensatory Compensation damages compensate plaintiffs for their losses and are designed to make them whole again after an injury while punitive damages punish the defendant for fraud a devious act that caused harm or reckless negligence The amount of damages awarded is subjective and based upon the specific facts of each case A personal injury lawyer who has experience can assist you with logging the full extent of your losses This will improve your chances of receiving the highest amount of compensation that is possible Your lawyer can call experts to provide evidence of the severity of your pain and suffering or to support your claim for emotional distress To receive the most amount of compensation you should carefully document your losses now and in the future Your attorney will help you keep detailed records of expenses and financial loss incurred in addition to the value of your future lost income Experts are often needed to estimate the value of your claim based on the permanent impairment or disability of your injury If the defendant does not have sufficient insurance to cover your claims you may be able to obtain an injunction against them This can be difficult unless the defendant is a major company or has multiple assets Statute of Repose While statutes of limitations and statutes of repose limit the amount of time that a plaintiff has to file a claim for injury there are some notable differences between the two Statutes are procedural forwardlooking and substantive In a nutshell its a simple definition a statute of repose is a law that establishes an exact deadline for when legal actions are barredwithout the same exceptions as the statute of limitations A statute of repose is typically used in cases involving defective construction products liability suits and medical malpractice claims The most notable difference is that while the statute of limitations usually starts to run when a plaintiff is injured or learns of their loss the statute of repose usually begins to run when an incident triggers it This can be a challenge in cases involving product liability It can take years before a plaintiff purchases and uses a product and the company becomes aware of any defects Because of these differences due to these differences it is crucial for victims of injuries to speak with a personal injury lawyer near them before the applicable statutes of limitation and repose statutes run out Michael Ksiazek a partner in the Stark Starks Yardley office focuses on Accident Injury Law Contact him for a free consultation Duty of Care A duty of care is the obligation individuals owe to others to exercise reasonable caution when performing activities that could cause harm It is typically regarded as negligent when someone fails to perform their duty of care and someone is injured as a result A business or individual has an obligation of care towards the public in a variety of situations This includes doctors who prepare tax returns accountants making tax returns and store owners clearing snow off sidewalks to ensure that people dont get end up hurting themselves In order to successfully claim damages in a tort claim it is necessary to establish that the party that injured you had an obligation of care that they breached their duty of care and that their negligence was the primary and most direct cause of your injuries The standard of care is typically determined by what other doctors apply in similar circumstances If a surgeon performs surgery in the wrong leg this could be considered unprofessional conduct since other surgeons would have read the chart correctly under similar circumstances It is important to note that the standard of care must not be too high that it imposes no limit on liability for all parties This is a balance that is carefully reviewed by juries in jury trials as well as judges in bench trials
