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What Makes Injury Legal The terminjury legal can be used to describe the harm or loss an person suffers from the negligence of another persons or wrongful conduct It falls under the umbrella of tort law The most obvious damage is a bodily injury that can result in concussions whiplash fractured bones and whiplash These injuries must be treated by medical professionals Statute of limitations The law establishes an amount of time referred to as the statute of limitations within which an injured party can file a lawsuit Failure to file a lawsuit will result in the claim being time barred and the party who was injured will not be able get compensation for their losses The particulars of the statute of limitations vary from state to state and each type of case has its own specific time period as well The statute of limitations clock typically starts ticking at the time that the accident or incident that resulted in injury occurs However there are several exceptions that may extend the time to file an action 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 reasonably could have been discovered This is often found in cases involving hidden issues such as asbestos exposure or certain medical malpractice claims A minor may also be granted an extra year to file a lawsuit even though the statute would normally expire prior to turning 19 There is also the tolling provision that suspends the limitations period during certain circumstances such as military service and involuntary mental hospitalization The statute of limitations could be extended in the event of fraudulent misrepresentation or willful concealment Damages Damages are a form of compensation given to the victim of an offense wrongful act There are two kinds of damages punitive and compensatory Compensatory damages compensate plaintiffs for their losses and are intended to help them recover after an injury while punitive damages punish the defendant for fraud a devious act that caused harm or gross negligence The amount of damages you are able to claim is highly subjective and is based on the specific facts of each case A personal injury lawyer with years of experience can assist you in documenting your losses in full This will increase your odds of receiving the highest amount of compensation you can get For example your lawyer could employ experts as witnesses to prove the extent of your suffering and pain and psychological or psychiatric expert witness to back up your claim for emotional distress In injury lawsuit san marcos to receive the maximum amount of compensation you must record your current and future losses Your attorney will help you keep a detailed record of all costs and financial losses you incur as well as the amount of your future income loss Experts are often needed to estimate the value of your claim based on the permanent impairment or disability of your injury If the defendant is not covered by insurance coverage to cover your claims you are able to obtain a civil judgment against them personally This can be very difficult unless the defendant has significant assets or is a company with multiple assets Statute of Repose There are some differences between statutes of limitation and statutes of repose Both limit the time a plaintiff can make a claim for injury however there are certain similarities Statutes are procedural forwardlooking and substantive In essence an esoteric sense a statute or repose is a law that establishes an absolute deadline within which legal actions are barredwith the same exceptions as a statute of limitations A statute of repose is often applied to lawsuits involving construction defects products liability suits and medical malpractice claims The major difference is that a statute starts to run following an event while the statute of limitations usually starts when the plaintiff discovers or suffers an injury This can be a problem in product liability cases for instance because it could take a long time for the plaintiff to purchase and use a product prior to the company was aware of any defects Because of these differences it is important that injury victims consult with an attorney before the statutes that apply to them expire Michael Ksiazek a partner in the Stark Starks Yardley office focuses on Accident Injury Law Contact him today to arrange an initial consultation for no cost Duty of Care A duty of care is the obligation individuals owe to others to use reasonable caution when doing something that could lead to harm If someone fails to comply with a duty and someone is injured as a result this is considered negligence A business or individual is bound by an obligation to care for the public in various situations This includes doctors who are preparing tax returns accountants who prepare tax returns and store owners clearing snow off sidewalks to ensure that people dont slip and injury themselves To be able to claim damages in a case of negligence you must prove that the party who injured you owed a duty of duty and breached their duty duty and that their breach caused your injury The level of care required is usually determined by what other professionals perform in similar situations 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 important to note too that the standard of care must not be excessive that it creates an unlimited liability on all parties In jury trials and in bench trials the balance is scrutinized by juries as well as judges
