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What Is Injury Legal Injury law is the branch which establishes your rights when someone is responsible for your harm It covers everything from what circumstances can trigger claims to how you can seek compensation in monetary terms The first step is to determine if someone has an obligation of care towards you If they did then the next issue to consider is whether their negligence resulted in your injury Tort law One of the major pillars of the legal system Tort law deals with the injuries caused to people by the negligence of others Its aim is to compensate victims and deter harm by holding those responsible accountable Torts can be criminal or civil in nature Most systems of law offer the highest level of protection for life limb and property For example a court will generally award substantial damages to the victim of battery or assault to compensate for the injury and punish the perpetrator with a criminal sentence In injury case redondo beach to attract an award the damage must be definite prohibiting damages based on speculation directly affecting an interest that is legitimate The harm must be reasonably foreseeable However there are exceptions in cases where the plaintiff was not able to prevent the harm In certain cases the liability is dependent on strict liability nonfault like for defective products or hazardous activities In most cases participants are required to sign the waiver of liability and be warned of the potential dangers involved This is often used as a defense to a tort claim For example a situation involving a woman who suffered severe brain damage because the company Athena Diagnostics misclassified a mutation in her genetic code is defended by the principle of volenti non fit injuria Statute of limitations A statute of limitation is a law which sets an upper limit on the time period from the date an incident occurred during which a victim may commence legal proceedings This allows for cases to be settled before they become outdated and can no longer be effectively proved Statutes of limitation are crucial to prevent injustice and ensure that relevant evidence is preserved witnesses memories dont fade and that people can move forward with their lives The time limit for filing a claim varies depending on the nature and state of the case For instance New York personal injury cases must be filed within three years from the date of the incident or when it was discovered The statute of limitations can be extended or suspended in certain situations such as claims which involve minors or wrongfuldeath lawsuits It is recommended to speak with an experienced lawyer to determine what the statute of limitations affects your case A lawyer can help determine the best course of action and give you an accurate estimate of how long it might take Damages Damages are also known as financial compensation and are designed to help the victim recover from injuries They can include medical bills and income loss as well as property damage and funeral costs in the event of death To be eligible for compensation the injured party must prove the expense was directly related to the injury Damages is the word used to describe harm and losses that a person has suffered because of someone elses negligence or wrongful action The goal of civil damages is to place the victim in the same place they would have been had not been harmed by the wrongdoing that is complained of Damages can be classified as either special or general Special damages are the ones that can be quantified which can be documented for medical expenses as well as lost wages whereas general damages arent as easily quantifiable and include things like pain and suffering emotional distress and loss of quality of life In many personal injury cases the parties at fault and their insurance companies will insist that the injured party undergo an independent medical exam IME Find out more about IMEs what they are and when they are appropriate and how they could impact your case Alternative dispute resolution Alternative dispute resolution is a method which aims to settle disputes without litigation Its usually less expensive and quicker than traditional court procedures Alternative dispute resolution are mediation and arbitration In mediation a neutral third party is employed to help parties in conflict reach an agreement The neutral is usually proficient in negotiations and able to identify the issues that need to be resolved This method also encourages open communication and facilitates problem solving Some mediators take a more approach that is more facilitative and focuses on shuttle diplomacy while hiding their own opinions Some mediators employ a more evaluationbased approach and rely on their own opinions and knowledge to help parties find an agreement The most skilled mediators use both of these strategies based on the situation and the style of the participants Many large companies employ alternative dispute resolution methods NCR now ATT Global Information Solutions is a prime example The number of lawsuits filed at NCRs disposal decreased from 263 in 1983 to just 28 in 1992 when management adopted this policy Outside and inhouse legal costs were also much lower than what they would have been if a typical lawsuit had been filed Working with an attorney Its important that you or someone you have a deep affection for seek medical attention immediately if they have been injured during an incident A personal injury lawyer can assist you in resolving financial losses you have suffered You can seek compensation for medical expenses lost income and suffering and pain You may also be able to recover wrongful death damages in some cases Williamson Clune and Stevens is a reputable New York personal injury law firm They can provide more advice regarding your specific case during a a private consultation In many cases the defendants insurance company may try to reject your claim or pay you less than youre due Your lawyer can ensure that your claim is dealt with fairly and that youre compensated for the full amount of your damages Your lawyer will need to be present for several parts of your case including depositions and other procedures If your work or personal schedule interferes with these processes you should let your lawyer know as soon as possible so that he or she could reschedule the proceedings
