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What Makes Injury Legal injury attorney stamford is a term used to describe the harm or loss that a person suffers due to an individuals negligent or unlawful actions It falls under the tort law The most obvious kind of injury is one that is bodily which includes things like whiplash concussion and broken bones These injuries must be treated by an experienced medical professional Statute of Limitations The law imposes the time frame also known as the statute of limitations within which an injured person is able to file a lawsuit Failure to file a lawsuit will result in the claim being time barred and the person who was injured will not be able to claim compensation for their losses The specifics of the statute of limitation vary from state to state and each type of instance has its own distinct time frame The statute of limitations clock typically begins ticking when the accident or incident causing injury occurs There are some exceptions to the rule that could delay the filing of a lawsuit One such exception is known as the discovery rule which states that the clock of statute of limitations is not set until the injury is discovered or reasonably ought to have been discovered This is typically seen in cases where conditions are hidden such asbestos or certain medical malpractice claims Another exemption is for minors who have a year from their 18th birthday to initiate litigation even when the statute of limitations usually runs before they reach age 19 There is also the tolling provision that suspends the statute of limitations during certain events or circumstances such as military service or involuntary mental health obligations The statute of limitation can be extended for fraudulent misrepresentation or willful concealment Damages Damages are the amount of compensation that is paid to the victim of the tort wrongful act There are two types of damages compensatory and punitive Compensatory damages are meant to compensate plaintiffs for their losses and are designed to restore them after an accident whereas punitive damages penalize the defendant for fraud a malicious act that caused harm or gross negligence The amount of damages awarded is subjective and is based on the unique circumstances of each case An experienced personal injury attorney can help you document the extent of your losses This will increase your chances of obtaining the maximum amount of compensation possible Your lawyer can call 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 current and future economic losses Your lawyer will assist with keeping detailed records of the expenses and financial losses you have incurred and also calculating the value of any future loss of income This can be difficult and usually involves formulating estimates based on the permanent impairment caused by your injury or disability that requires the help of experts If the defendant is not covered by insurance coverage to cover your claims you can get a civil judgement against them personally This can be extremely difficult unless the defendant has significant assets or is a company with multiple assets Statute of Repose While statutes of limitations and statutes of repose both limit the amount of time that a plaintiff has to file a claim for injury however there are some significant distinctions between the two Statutes are procedural forwardlooking and substantive In essence a statute of repose is a law that sets an exact deadline for when legal actions are barredwithout the same exceptions as a statute of limitation Its common for a statute of repose to apply to construction defect cases product liability lawsuits and medical malpractice claims The most significant difference is that while the statute of limitations usually runs when the plaintiff is injured or learns of their loss a statute of repose generally begins to run when an event triggers it This can be a problem in product liability cases It could take a long time before a plaintiff buys and utilizes a product and the company is aware of any issues Because of these differences in the law it is essential that injured victims consult an attorney before the applicable statutes expire Michael Ksiazek a partner at Stark and Starks Yardley office focuses on Accident and Injury Law Contact him now for a free consultation Duty of Care A duty of care is an obligation that a person owes others to exercise reasonable care when doing something that could be predicted to cause harm If a person fails to fulfill a duty of care and someone is injured due to it it is deemed to be negligence A business or individual has an obligation of care towards the public in many situations This includes doctors who prepare tax returns accountants working on tax returns and store owners clearing snow off sidewalks to ensure that people dont fall and injury themselves To successfully claim damages in a tort case you will need to prove that the party who injured you had an obligation of care that they violated their duty of care and that their breach was the direct and proximate cause of your injuries The norm of care is usually established by what other professionals would do in similar situations If a surgeon is performing surgery in the wrong leg this could be considered to be a breach of duty because other surgeons are likely to read the chart correctly under similar circumstances It is important to note too that the standard of care must not be too high that it imposes an unlimited liability on all parties This is a balance that is carefully reviewed by juries in jury trials as well as judges in bench trials
