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What Makes Injury Legal Injury legal is a term used to describe the loss or damage suffered by an individual as a result of the negligence or wrongdoing of anothers actions It falls under tort law The most obvious type of injury is one thats bodily which includes things such as concussion whiplash and broken bones These injuries must be treated by medical professionals Statute of limitations The law sets a timeframe known as the statute of limitations within which an injured person can start a lawsuit Failing to do so will result in the claim being time barred and the party who was injured will not be able receive compensation for their losses The time limit for a claim varies from state to state and also by type of case The statute of limitations clock typically begins ticking at the point that the accident or incident that resulted in injury occurs There are some exceptions to the standard that may extend the time to file a lawsuit The discovery rule is one such exception It states that the clock of the statute of limitations does not start until the injury has been discovered or should have reasonably been discovered This is typically seen in cases where conditions are concealed like asbestos or certain medical malpractice claims Another exception is for minors who have a year from their 18th birthday when they can initiate litigation even when the statute of limitations would normally run before they reach the age of 19 There is also the tolling provision which suspends the statute of limitations during certain circumstances such as military service or involuntary mental health obligations Finally there is the extension of the statute of limitations for willful concealment or falsification Damages Damages are a form of compensation that is given to the victim following a tort or wrongdoing There are two kinds of damages punitive and compensatory Compensatory damages are meant to compensate the plaintiffs and make them whole after an injury Punitive damages are used to penalize defendants who committed fraud malicious actions that caused harm or gross negligence The amount of damages awarded is highly subjective and is based on the specific circumstances of each case A seasoned personal injury lawyer will assist you in documenting the totality of your losses injury attorney torrance increases your chances of receiving the highest amount of compensation that you are able to Your lawyer may call in expert witnesses to describe the severity of your pain and 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 help you keep a detailed record of all expenses and financial losses incurred as well as the amount of your future lost income This can be a bit complicated and usually involves formulating estimates based on the severity of your injury and its permanent disability and requires the assistance of experts If the defendant has insufficient insurance coverage to cover your claims you can pursue a civil judgment against them personally However this could be very difficult unless the defendant is a large asset or is a corporation with multiple assets Statute of Repose There are some distinctions between statutes of limitation and statutes de repose Both restrict the time that the plaintiff has to make a claim for injury but there are also some similarities Statutes are procedural forwardlooking and substantive A statute of repose also known as a statute its a law that specifies a timeframe within which legal action is closed without the exceptions as a statute or limitations It is common for a statute of repose to be applied to construction defect cases product liability lawsuits and medical malpractice claims The most notable difference is that while a statute of limitations typically is in effect when the plaintiff is injured or learns of their loss a statute of repose usually begins to run when an incident triggers it This is a concern in product liability cases It could take years before a plaintiff buys and uses a product and the company becomes aware of any defects Due to these differences in the law it is essential that injury victims consult with an attorney before the applicable statutes expire Michael Ksiazek is a partner at Stark Starks Yardley PA office and is a specialist in Accident Personal Injury Law Contact him for a noobligation consultation Duty of Care A duty of care is a duty that a person owes others to exercise reasonable caution when performing a task that could be expected to cause harm When a person fails to fulfill a duty of care and suffers injury as a result this is considered to be negligence There are a myriad of circumstances in which a person or company owes a duty of care to the public This includes accountants and doctors who prepare tax returns and store owners removing snow and ice from the sidewalks to avoid people falling and causing injury to themselves To be able to claim damages in a tort claim you will need to show that the person who injured you had a duty of care that they violated that duty of care and that their breach was the sole and primary reason for your injury The standard of care is generally determined by what other experts would do in similar circumstances For example the case where a physician performs surgery on the wrong leg it could be considered a breach in duty because other surgeons under the same circumstances would likely have read the patients medical chart correctly It is also important to keep in mind that the standard of care cant be so high that it could limit liability to all parties In jury trials and in bench trials the balance is carefully examined by both juries and judges
