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What Is Injury Legal Injury legal is the branch of law that outlines your rights when someone elses actions harm you It covers everything from how certain situations create grounds for claims to how you can get monetary compensation The first issue is whether someone had a legal obligation to care If they did the next question to ask is whether their negligence caused injury to you Tort law Tort law is among the major pillars of legal system It deals with injuries that are caused to others by others Its aim is to compensate victims and to prevent injuries by holding those who caused the harm liable Torts can be civil or criminal Most legal systems provide ample protection for life limb and property A court typically awards substantial damages due to an injury to the victim who has been abused or assaulted and punish the perpetrator criminally To be eligible for a remedy the injury must be definite prohibiting speculative damages direct and affect a legitimate interest The injury must be reasonably feasible However there are exceptions for situations where the plaintiff was not able to prevent the harm In certain cases liability is based strictly on the concept of liability non fault which includes defective products or hazardous activities In most cases participants are required to sign the waiver of liability and are warned about the risks that are involved This is often a defense to a tort claim For instance a case of a woman suffering severe brain damage because the company Athena Diagnostics misclassified a mutation in her gene can be defended by the principle of volenti non fit injuria Statute of limitations A statute of limitation is a law that establishes the maximum period of time from the time an incident took place during which a victim may commence legal proceeding This allows for cases to be settled before they become old news and cannot be successfully substantiated Statutes of limitations are vital to prevent injustice and make sure that relevant evidence is properly preserved witnesses memories dont disappear and that people continue to move forward with their lives The statute of limitations varies depending on the state and the type of case In New York personal injury claims must be filed three years after the date of an accident or the time at which the case was discovered The statute of limitations could be extended or suspended in certain circumstances such as claims that involve minors or the wrongful death lawsuits It is recommended to speak with an experienced lawyer to determine how the statute of limitations impacts your case A lawyer can assist you determine the best course of action and give an accurate estimate of how long it will take Damages Damages are also referred as monetary compensation and are designed to help the victim recover from injuries Medical bills lost income funeral expenses in the event of a death are just a few examples of damages In order to be eligible for compensation the victim must prove the expense was directly related to the injury Damages is the word used to describe harm and losses someone has suffered due to anothers negligence or wrongful act Damages for civil causes are intended to put the injured party back to the same position as if she hadnt been injured by the act of negligence Damages can be classified as either special or general Special damages are measurable costs that can be categorized such as medical expenses and lost wages whereas general damages are more difficult to quantify and include things like pain and suffering emotional distress and loss of quality of life In many personal injury cases the parties accountable and their insurance companies may require that the injured person undergo an independent medical exam IME Learn more about IMEs including what they are and when they are appropriate and how they can impact the outcome of your case Alternative dispute resolution Alternative dispute resolution is a technique which aims to settle disputes without litigation It is usually less expensive and more efficient than traditional court proceedings Arbitration and mediation are two examples of alternative dispute settlement In mediation a neutral third party can be employed to help disputing sides reach an agreement The neutral is usually skilled in negotiations and is able to spot issues that need to resolved This approach encourages open and honest communication and problemsolving Some mediators employ a moderative approach focusing on shuttle diplomacy while not revealing their opinions Some mediators use an critical approach and rely upon their own experience and opinions to help parties find an agreement The most experienced mediators mix these methods according to the context and the style of the participants A few large companies have implemented alternative dispute resolution procedures NCR now ATT Global Information Solutions is a prime example When management embraced this policy NCRs number of lawsuits filed dropped from 263 in 1984 to 28 in 1993 In addition outside and internal counsel fees were less than they would have been for a standard lawsuit Working with injury lawyer hialeah If you or a loved one has been injured in an accident its crucial to seek medical attention immediately A personal injury lawyer can also help you with the financial losses youve suffered You may be able to recover compensation for medical expenses lost income and suffering In some instances you could claim damages for wrongful death Williamson Clune and Stevens is an experienced New York personal injury law firm In a confidential consultation they can give you more information about your case In many instances an insurance company for the defendant may attempt to deny or pay less than what youre entitled to Your attorney can help ensure that your claim will be handled in a fair manner and you get the full amount of damages Your lawyer must be present for various parts of your lawsuit including depositions as well as other procedures If your personal or work schedule interferes with these procedures be sure to let your lawyer promptly so that they can reschedule them
