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What Makes Injury Legal?
"Injury legal" is a term used to describe the loss or damage sustained by a person as a result of an individual's negligent or unlawful actions. It is a part of tort law.
The most obvious form of injuries is the bodily that includes things like concussion, injuries whiplash and broken bones. It is imperative to seek medical attention for these injuries.
Statute of Limitations
The law establishes a deadline, known as the statute of limitations, within which a person injured can start a lawsuit. In the event of a delay, it will result in the claim being "time barred" and the person who was injured is not able to recover compensation for their losses. The time limit for a claim varies from state to state and by type of case.
The "clock" of the statute of limitations typically starts to tick when an accident or incident that caused the injury occurs. However, there are many exceptions that may extend the time needed to file an action. One of them is known as the discovery rule, which states that the clock for the statute of limitations doesn't begin until the injury is discovered or could have been discovered. This is usually seen in cases where injuries are hidden, such asbestos or certain medical malpractice claims.
Another exception is for minors who have a year from their 18th birthday to initiate legal proceedings even though the statute of limitations will normally expire before they reach the age of 19. There is also the "tolling" provision which suspends the limitations period during certain events and situations like military service and involuntary mental hospitalization. The statute of limitations could be extended in the event of fraud or deliberate concealment.
Damages
Damages are the compensation paid to the victim of the tort (wrongful act). There are two types of damages: punitive and compensatory. Compensation damages compensate plaintiffs for their losses and are designed to restore their health after an injury, while punitive damages are intended to punish the defendant for fraud, a devious act that caused harm, or gross negligence.
The amount of damages awarded is highly subjective and based on the specific circumstances of each case. A personal injury lawyer with experience will assist you in capturing your entire loss. This increases your chances of obtaining the largest amount possible. Your lawyer might call in experts to explain the extent of your suffering or to support your claim for emotional distress.
Obtaining maximum compensation requires careful documentation of your current and future economic losses. Your attorney will assist in keeping meticulous notes of your expenses and financial losses incurred, and also calculating the value of future lost income. This can be complicated and usually involves calculating estimates based on the severity of your injury and its permanent disability which requires the assistance of experts.
If the defendant has insufficient insurance coverage to pay your claims, you can pursue a civil judgment against them personally. This isn't always easy unless the defendant is a large company or has multiple assets.
Statute of Repose
There are some distinctions between statutes of limitation and statutes de repose. Both restrict the time that a plaintiff can file a claim claiming injury lawyers however, there are certain similarities. Statutes are procedural, forward-looking and substantive.
In simple terms an esoteric sense, a statute or repose is a law that sets an exact deadline for when legal actions are barred -without the same exceptions as a statute of limitations. It's common for a statute of repose to apply to cases involving construction defects, products liability lawsuits and medical malpractice claims.
The main difference is that a statute begins to run after an event, while a statue of limitations usually starts when the plaintiff discovers or suffers the loss. This can be a problem in product liability cases, for example, since it could take a long time for the plaintiff to purchase and use a product before the company might have been aware of any defects.
Due to these distinctions, it's important for victims of injuries to speak with a personal injury lawyer close to them before the applicable statutes of limitation and statutes of repose run out. Michael Ksiazek is a partner at the Stark & Stern's Yardley, PA office and is a specialist in Accident and Personal Injury Law. Contact him today for free consultation.
Duty of Care
A duty of care is the obligation one has to other people to exercise a reasonable amount of caution when performing actions that could lead to harm. If a person fails to perform a duty of care and suffers injury because of it, this is considered to be a case of negligence. There are many situations where a person business is responsible for providing care to the public, for example accountants and doctors preparing tax returns and store owners removing snow and ice from sidewalks to stop people from falling and causing injury to themselves.
In order to successfully claim damages in a tort case you must show that the person who injured you was owed an obligation of care, that they violated that duty of care and that their negligence was the primary and most direct cause of your injuries. The quality of care is typically determined by what other doctors perform in similar situations. For example, if a doctor performs surgery on the wrong leg, it could be considered a breach in duty because other surgeons under similar circumstances will likely read the patient's chart correctly.
It is also important to note that the standard of care should not be so high as to impose unlimited liability on all parties. It is a balance which is carefully reviewed by juries in jury trials, as well as judges in bench trials.
"Injury legal" is a term used to describe the loss or damage sustained by a person as a result of an individual's negligent or unlawful actions. It is a part of tort law.
The most obvious form of injuries is the bodily that includes things like concussion, injuries whiplash and broken bones. It is imperative to seek medical attention for these injuries.
Statute of Limitations
The law establishes a deadline, known as the statute of limitations, within which a person injured can start a lawsuit. In the event of a delay, it will result in the claim being "time barred" and the person who was injured is not able to recover compensation for their losses. The time limit for a claim varies from state to state and by type of case.
The "clock" of the statute of limitations typically starts to tick when an accident or incident that caused the injury occurs. However, there are many exceptions that may extend the time needed to file an action. One of them is known as the discovery rule, which states that the clock for the statute of limitations doesn't begin until the injury is discovered or could have been discovered. This is usually seen in cases where injuries are hidden, such asbestos or certain medical malpractice claims.
Another exception is for minors who have a year from their 18th birthday to initiate legal proceedings even though the statute of limitations will normally expire before they reach the age of 19. There is also the "tolling" provision which suspends the limitations period during certain events and situations like military service and involuntary mental hospitalization. The statute of limitations could be extended in the event of fraud or deliberate concealment.
Damages
Damages are the compensation paid to the victim of the tort (wrongful act). There are two types of damages: punitive and compensatory. Compensation damages compensate plaintiffs for their losses and are designed to restore their health after an injury, while punitive damages are intended to punish the defendant for fraud, a devious act that caused harm, or gross negligence.
The amount of damages awarded is highly subjective and based on the specific circumstances of each case. A personal injury lawyer with experience will assist you in capturing your entire loss. This increases your chances of obtaining the largest amount possible. Your lawyer might call in experts to explain the extent of your suffering or to support your claim for emotional distress.
Obtaining maximum compensation requires careful documentation of your current and future economic losses. Your attorney will assist in keeping meticulous notes of your expenses and financial losses incurred, and also calculating the value of future lost income. This can be complicated and usually involves calculating estimates based on the severity of your injury and its permanent disability which requires the assistance of experts.
If the defendant has insufficient insurance coverage to pay your claims, you can pursue a civil judgment against them personally. This isn't always easy unless the defendant is a large company or has multiple assets.
Statute of Repose
There are some distinctions between statutes of limitation and statutes de repose. Both restrict the time that a plaintiff can file a claim claiming injury lawyers however, there are certain similarities. Statutes are procedural, forward-looking and substantive.
In simple terms an esoteric sense, a statute or repose is a law that sets an exact deadline for when legal actions are barred -without the same exceptions as a statute of limitations. It's common for a statute of repose to apply to cases involving construction defects, products liability lawsuits and medical malpractice claims.
The main difference is that a statute begins to run after an event, while a statue of limitations usually starts when the plaintiff discovers or suffers the loss. This can be a problem in product liability cases, for example, since it could take a long time for the plaintiff to purchase and use a product before the company might have been aware of any defects.
Due to these distinctions, it's important for victims of injuries to speak with a personal injury lawyer close to them before the applicable statutes of limitation and statutes of repose run out. Michael Ksiazek is a partner at the Stark & Stern's Yardley, PA office and is a specialist in Accident and Personal Injury Law. Contact him today for free consultation.
Duty of Care
A duty of care is the obligation one has to other people to exercise a reasonable amount of caution when performing actions that could lead to harm. If a person fails to perform a duty of care and suffers injury because of it, this is considered to be a case of negligence. There are many situations where a person business is responsible for providing care to the public, for example accountants and doctors preparing tax returns and store owners removing snow and ice from sidewalks to stop people from falling and causing injury to themselves.
In order to successfully claim damages in a tort case you must show that the person who injured you was owed an obligation of care, that they violated that duty of care and that their negligence was the primary and most direct cause of your injuries. The quality of care is typically determined by what other doctors perform in similar situations. For example, if a doctor performs surgery on the wrong leg, it could be considered a breach in duty because other surgeons under similar circumstances will likely read the patient's chart correctly.
It is also important to note that the standard of care should not be so high as to impose unlimited liability on all parties. It is a balance which is carefully reviewed by juries in jury trials, as well as judges in bench trials.
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