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What Makes Injury Legal injury lawsuit lakewood is used to describe the harm or loss an person suffers from the negligence of another persons or wrongful acts It is a part of tort law The most obvious harm is a bodily that includes concussions whiplash and broken bones These injuries must be treated by an experienced medical professional Statute of Limitations The law sets a timeframe called the statute of limitations within which an individual who has been injured may start a lawsuit Failing to do so will result in the claim being time barred and the person who was injured will not be able to get compensation for their losses The time period for the statute of limitations differs from state to state and also by type of case The clock of the statute of limitations usually starts ticking when the incident or accident that caused the injury occurs There are some exceptions to the standard that may extend the time to file a lawsuit The discovery rule is a prime exception It states that the clock of the statute of limitations is not set until the injury has been discovered or should have reasonably been discovered This is usually found in cases involving hidden issues such as asbestos exposure or medical malpractice claims A minor may be granted an additional year to file a lawsuit even though the statute would normally expire prior to turning 19 There is also the tolling provision which suspends the statute of limitations for certain situations or events such as military service or involuntary mental health obligations The statute of limitations can be extended for fraudulent misrepresentation or intentional concealment Damages Damages are compensation paid to the victim of an act of tort wrongful act There are two kinds of damages compensatory and punitive Compensatory damages compensate plaintiffs for their losses and are designed to help them recover after an injury while punitive damages penalize the defendant for fraud a wrongful act that caused harm or gross negligence The amount of damages awarded is highly subjective and based upon the particular facts of each case An experienced personal injury attorney can assist you in determining the totality of your losses This increases your chances of receiving the highest amount of compensation that is possible Your lawyer might call in expert witnesses to describe the severity of your pain and suffering or to back up your claim for emotional distress In order to maximize compensation you need to take care in the documentation of your present and future economic losses Your attorney will help you keep meticulous records of the costs and financial losses you incur as well as the value of the future loss of income This can be complicated and usually involves making estimates based on the severity of your injury and its permanent disability that requires the help of experts If the defendant does not have enough insurance coverage to cover your claims you may get a civil judgement against them personally This can be a challenge unless the defendant is a large corporation or has multiple assets Statute of Repose There are some distinctions between statutes of limitation and statutes de repose Both restrict the time a plaintiff has to bring a claim for injury however there are certain similarities Statutes of limitation are a procedural and forwardlooking law statutes of repose are substantive and backwardlooking A statute of repose in short is a law which sets a deadline when legal action can be barred without the same exceptions as a statute of limitations have It is common for a statute of repose to be applied to construction defect cases products liability lawsuits as well as medical malpractice claims The main difference is that a statute begins to run after an event whereas the statute of limitations usually begins when the plaintiff notices or suffers an injury This could be a problem in product liability cases It could take a long time before a plaintiff buys and uses a product and the company becomes aware of any defects Due to these distinctions it is important that victims of injury consult an attorney before the statutes that apply to them expire Michael Ksiazek a partner at Stark and Starks Yardley office focuses on Accident and Injury Law Contact him for a noobligation consultation Duty of Care A duty of care is the obligation that individuals owe to others to exercise reasonable caution when doing something that could result in harm If someone fails to meet a duty of diligence and someone is injured because of it this is deemed to be negligence There are a variety of situations in which a person or company owes a duty of 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 claim you must prove that the party who injured you was an obligation of care and breached their duty of duty and that their breach caused your injury The standard of care is usually determined by what other experts do in similar situations If a doctor performs surgery in the wrong leg it could be deemed a breach of duty since other surgeons read the chart correctly under similar circumstances It is also important to note that the standard of care cannot be high enough to limit liability to all parties In jury trials and in bench trials the balance is carefully scrutinized by juries as well as judges
