liquordiving72
User Name: You need to be a registered (and logged in) user to view username.
Total Articles : 0
What Makes Injury Legal Injury legal is a term used to define the harm or loss sustained by a person due to an other persons negligent or illegal actions It falls under the umbrella of tort law The most obvious harm is a bodily which includes concussions whiplash fractured bones and whiplash These injuries should be treated by an expert medical professional Statute of Limitations The law establishes the time frame also known as the statute of limitations within which an injured party can file a lawsuit If you dont comply with the statute of limitations your claim will be timebarred and you wont be able to get compensation for your losses The specifics of the statute of limitation vary from state to state and each type of case has its own specific time period as well The clock of the statute of limitations usually begins to tick once the accident or incident that caused the injury occurs However there are a few exceptions that could extend the time required to file lawsuits One of these exceptions is known as the discovery rule which states that the statute of limitations clock doesnt begin until the injury is discovered or could have been discovered This is usually seen in cases where injuries are hidden such asbestos or certain medical malpractice claims A minor may be granted an additional year to file a lawsuit even that the statute would typically expire before they turn 19 Then there is the tolling provision that suspends the statute of limitations in certain events or circumstances such as military service or involuntary mental health commitments The statute of limitation can be extended in the event of fraud or willful concealment Damages Damages are the compensation paid to the victim after an incident of negligence or a tort There are two basic types of damages compensatory and punitive Compensation damages are designed to compensate the plaintiffs and to make them whole after an injury Punitive damages are meant to penalize defendants who committed fraud malicious acts that caused harm or gross negligence The amount of damage is extremely subjective and based on the particular facts of each case An experienced personal injury attorney can assist you in determining the extent of your losses This will increase your chances of receiving the maximum amount possible For example your lawyer may use expert witnesses to testify on the severity of your pain and suffering or a psychologist or psychiatrist expert witness to back up your emotional distress claim To receive the highest amount of amount of compensation you should carefully document your losses now and in the future Your lawyer will assist you in keeping detailed reports of the costs and financial losses incurred as well as calculating the value of future lost income This can be quite complicated and usually involves making estimates based on the permanent impairment caused by your injury or disability that requires the help of experts If the defendant doesnt have sufficient insurance to cover your claims you might be able to obtain a civil lawsuit against them However this can be very difficult unless the defendant is a large asset or is a corporation with multiple assets Statute of Repose There are some differences between statutes of limitation and statutes of repose Both limit the time the plaintiff has to file a claim for injury but there are also some commonalities Statutes of limitations are a procedural and forwardlooking law whereas statutes of repose are substantive and retrolooking In simple terms an esoteric sense a statute or repose is a law that sets a hard deadline after which legal actions are barred with the same exceptions as the statute of limitations It is common for a statute of repose to apply to cases involving construction defects products liability lawsuits as well as medical malpractice claims The primary difference is that a statute begins to run following an event whereas the statute of limitations usually begins when a plaintiff finds or suffers the loss This is a concern in product liability cases for example since it could take years for a plaintiff to purchase and use a particular product before the company was aware of any defect injury case hollywood to these variations in the law it is essential that injured victims consult an attorney prior to the statutes that apply to them expire Michael Ksiazek a partner in the Stark Starks Yardley office focuses on Accident and Injury Law Contact him now for a free consultation Duty of Care A duty of care is a duty that a person owes others to exercise reasonable caution when doing something that could be predicted to cause harm If a person fails comply with a duty and suffers injury due to it it is considered to be a case of negligence There are a variety of situations where a person company owes a duty of care to the public for example accountants and doctors who prepare tax returns and store owners removing snow and ice from sidewalks to prevent people from falling and causing injury to themselves To successfully seek damages in a tort lawsuit it is necessary to show that the person who injured you was bound by an obligation of care and that they violated their duty of care and that their breach was the direct and proximate reason for your injury The standard of care is usually determined by what other doctors do in similar circumstances For instance if a doctor performs surgery on the wrong leg it may be deemed a breach of obligation because other surgeons in similar circumstances would most likely examine the patients chart in a correct manner It is vital to note that the standard of care must not be enough to impose unlimited liability on all parties This is a balance that is carefully scrutinized by juries in jury trials as well as judges in bench trials
