15 Reasons You Must Love Injury Attorney

What Makes Injury Legal?

Injury legal is a term used to describe the loss or damage that an individual suffers as a result of another party's negligent or wrongful actions. It falls under the umbrella of tort law.

The most obvious injury is a bodily injury, which includes concussions, whiplash, broken bones, and concussions. These injuries must be treated by an experienced medical professional.

Statute of limitations

The law imposes an expiration date, known as the statute of limitations that an injured party can file a lawsuit. Failure to file a lawsuit will result in the claim being "time barred" and the injured party is not able to claim compensation for their losses. The particulars of the statute of limitations can differ from state to state and each type of case has its own specific time period as well.

The statute of limitations "clock" generally begins to tick at the point that the accident or incident causing injury occurs. However, there are some exceptions that may extend the time for filing an action. One of them is known as the discovery rule which states that the clock for the statute of limitations is not set until the injury is discovered or reasonably could have been discovered. This is typically seen in situations where the cause is hidden, such as asbestos or certain medical malpractice claims.

A minor may also be granted an extra year to file a lawsuit even that the statute would typically expire before turning 19. There is also the "tolling" provision, which suspends the limitations period during certain situations and events like military service or involuntary mental hospitalization. The statute of limitations could be extended for fraudulent misrepresentation or intentional concealment.

Damages

Damages are the compensation paid to the victim of the tort (wrongful act). There are two kinds of damages - compensatory and punitive. Compensatory damages are intended to compensate plaintiffs and make them whole after an injury. Punitive damages are used to penalize defendants for fraud, malicious actions that cause harm, or gross negligence.

The amount of damages is highly subjective, and based on the specific facts of each case. A personal injury lawyer with experience can assist you with logging your entire loss. This increases your chances of obtaining the largest amount possible. For example the lawyer might use experts to testify on the severity of your pain and suffering or a psychological or psychiatric expert witness to bolster your emotional distress claim.

In order to maximize compensation, you need to take care in the documentation of your present and future economic losses. Your lawyer will assist in keeping detailed notes of your expenses and financial losses incurred, as well as calculating the value of your future loss of income. Experts are often needed to calculate estimates based on the permanent impairment or disability resulting from your injury.

If the defendant is not covered by insurance coverage to cover your claims, you are able to pursue a civil judgment against them personally. This can be difficult unless the defendant is a large corporation or has multiple assets.

Statute of Repose

There are some differences between statutes of limitation and statutes of repose. Both limit the amount of time a plaintiff is able to bring a claim for injury, but there are also some similarities. Statutes are procedural, forward-looking and substantive.

In a nutshell the simplest terms, a statute of repose is a law that sets a hard deadline after which legal actions are barredbut without the same exemptions as a statute of limitation. A statute of repose is usually used in cases involving defective construction, products liability suits and medical malpractice claims.

The most notable difference is that while the statute of limitations typically runs when the plaintiff is injured or learns of their loss however, a statute of repose generally begins to run when an event triggers it. This could be a problem in cases involving product liability for instance, as it could take years for a plaintiff to purchase and use a product, even before the company might have been aware of any defect.

Due to these differences, it's important for injured victims to speak with a personal injury attorney near them before the applicable statutes of limitation and statutes of repose run out. Michael Ksiazek, a partner in Stark & Stark’s Yardley office, focuses on Accident & Injury Law. Contact him for a no-obligation consultation.

Duty of Care

A duty of care is a duty one owes to others to exercise reasonable caution when performing a task that could cause harm in the future. It is usually regarded as negligence when a person fails to perform their duty of care, and someone is injured as a result. A business or individual is bound by an obligation to care for the public in a variety of situations. This includes doctors who prepare tax returns, accountants making tax returns and store owners removing snow from sidewalks so that people do not fall and injury themselves.

In order to successfully claim damages in a tort claim, you will need to show that the person who injured you owed you an obligation of care, that they breached their duty of care and that their breach was the direct and proximate cause of your injury. The level of care required is usually determined by what other doctors do in similar situations. If a surgeon performs surgery in the wrong place the procedure could be regarded as an infraction of duty since other surgeons read the chart correctly under similar circumstances.

It is important to note, too, that the standard of care should not be so high that it imposes an 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.