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What Makes Injury Legal Injury legal is a term used to describe the loss or damage suffered by an individual due to another partys negligent or wrongful actions It is a part of tort law The most obvious type of injury is a bodily one which includes things such as whiplash concussions and broken bones These injuries should be treated by an experienced medical professional Statute of Limitations The law sets a deadline known as the statute of limitations within which a person injured can bring a lawsuit In the event of a delay it will result in the claim being time barred and the party who was injured will not be able recover compensation for their losses The particulars of the statute of limitations vary between states and each kind of case has its own time frame injury lawsuit stockton of limitations clock typically starts ticking at the point that the accident or incident that resulted in injury occurs However there are some exceptions that could extend the time to file lawsuits The discovery rule is one such exception It states that the clock for the statute of limitations does not start until the injury has been identified or ought to have been discovered This is typically encountered in cases involving concealed conditions such as asbestos exposure or medical malpractice claims Another exception is for minors who have one year from the age of 18 to start litigation even when the statute of limitations typically runs before they reach age 19 Then there is the tolling provision that suspends the statute of limitations for certain circumstances like military service or involuntary mental health obligations The statute of limitation can be extended for fraudulent misrepresentation or intentional concealment Damages Damages are a form of compensation that is given to the victim following the commission of a wrongdoing or a tort There are two main types of damages punitive and compensatory Compensatory damages compensate plaintiffs for their losses and are intended to restore them after an accident whereas punitive damages are intended to punish the defendant for fraud a malicious act that caused harm or gross negligence The amount of damage is highly subjective and based on the particular facts of each case A personal injury lawyer with experience will assist you in capturing your losses in full This will increase your odds of obtaining the maximum amount of compensation that you are able to For example your lawyer could employ experts as witnesses to prove the extent of your pain and suffering or a psychologist or psychiatrist expert witness to support your claim for emotional distress To get the maximum amount of compensation you must have careful documentation of your present and future economic losses Your attorney will assist with keeping detailed records of the expenses and financial losses that you incur and will also calculate the value of your future loss of income Experts are often required to calculate estimates based upon the permanent impairment or disability that results from your injury If the defendant does not have enough insurance coverage to cover your claims you can seek a civil judgment against them personally This can be very difficult unless the defendant has substantial assets or is a business with multiple assets Statute of Repose There are some differences between statutes of limitation and statutes of repose Both limit the time a plaintiff has to file a claim for injury however there are certain similarities Statutes of limitation are a procedural and forwardlooking law and forwardlooking while statutes of repose are substantive and backwardlooking In a nutshell its a simple definition a statute of repose is a law that establishes a hard deadline after which legal actions are barred with the same exceptions as the statute of limitations A statute of repose is usually used in construction defect lawsuits 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 losses This can be an issue in cases involving product liability for instance as it may take years for the plaintiff to purchase and use a product even before the company is aware of any defects Because of these differences It is essential for victims of injuries to speak with a personal injury lawyer close to them before the applicable statutes of limitations and statutes of repose run out Michael Ksiazek a partner in Stark Starks Yardley office concentrates on Accident Injury Law Contact him for a free consultation Duty of Care A duty of care is an obligation one owes to others to exercise reasonable caution in doing anything that could be expected to cause harm It is typically regarded as negligent when a person fails to perform their duty of care and someone gets injured due to the negligence A person or company has an obligation to care for the public in many instances This includes doctors who prepare tax returns accountants making tax returns and store owners removing snow off the sidewalks so that people dont slip and hurt themselves In order to successfully claim damages in a tort claim you will need to prove that the party who injured you was bound by the duty of care and that they breached that duty of care and that their negligence was the primary and most direct cause of your injury The standard of care is typically established by what other professionals would do under similar circumstances For example the case where a physician performs surgery on the wrong leg it may be considered to be a breach of duty since other surgeons operating in similar circumstances could examine the patients chart in a correct manner It is important to keep in mind too that the standard of care should not be so high that it imposes unlimited liability on all parties In jury trials as well as in bench trials the balance is evaluated by juries as well as judges
