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What Makes Injury Legal The term injury legal is used to describe the harm loss or damage that an person suffers of a negligent act or indefensible actions It falls under tort law The most obvious kind of injury is one thats bodily which includes things like whiplash concussion and broken bones It is crucial to seek medical help for these injuries Statute of Limitations The law establishes a deadline called the statute of limitations within which an injured party can make a claim If you do not comply with the law your claim will be timebarred and you will not be able to obtain compensation for your losses The specifics of the statute of limitation vary from state to state and each type of case has its own time frame as well The statute of limitations clock generally begins to tick at the time the accident or incident that caused injury occurs There are a few exceptions to the standard that may prolong the time required to file a lawsuit The discovery rule is one such exception It states that the statuteoflimitations clock will not begin until the injury has been identified or ought to have been discovered This is typically observed in cases that involve hidden circumstances such as asbestos exposure or medical malpractice claims Another exception is for minors who have a year after their 18th birthday to begin lawsuits even when the statute of limitations will normally expire before they reach age 19 There is also the tolling provision which suspends the limitations period during certain circumstances such as military service or involuntary mental hospitalization The statute of limitations may be extended in the event of fraudulent misrepresentation or willful concealment Damages Damages are a form of compensation that is given to the victim after an incident of negligence or a tort There are two basic types of damages compensatory and punitive Compensatory damages are meant to compensate plaintiffs and ensure they are fully compensated after an injury Punitive damages are meant to penalize defendants who committed fraud malicious actions that cause harm or gross negligence The amount of damages awarded is dependent and based on the particular circumstances of each case A seasoned personal injury lawyer will assist you in documenting the extent of your losses This will improve your chances of obtaining the maximum amount of compensation possible Your lawyer can call experts to provide evidence of the severity of your suffering or to support your claim for emotional distress To receive the highest amount of compensation it is essential to record your current and future losses Your attorney will help you keep a detailed record of all costs and financial losses you incur and the value of your future income loss This can be a bit complicated and usually involves making estimates based on your injurys permanent impairment or disability which requires the assistance of experts If the defendant doesnt have enough insurance to cover your claims then you might be able pursue a civil judgement against them This can be a challenge unless the defendant is a large corporation or has multiple assets injury law firm brooklyn park of Repose There are some differences between statutes of limitation and statutes de repose Both restrict the time a plaintiff has to make a claim for injury but there are also certain similarities Statutes are procedural forwardlooking and substantive A statute of repose as its known it is a law that specifies a timeframe after which legal action is barred without the same limitations that a statute limitations provide A statute of repose is typically used in lawsuits involving construction defects products liability suits and medical malpractice claims The main distinction is that the statute of limitations generally starts to run when a plaintiff is hurt or becomes aware of their loss a statute of repose typically begins running when an event triggers it This can be a problem in product liability cases It could take years before a plaintiff buys and uses a product and the company becomes aware of any flaws Because of these differences it is important that injury victims consult with an attorney prior to the applicable statutes expire Michael Ksiazek a partner at Stark and Starks Yardley office concentrates on Accident and Injury Law Contact him now for a free consultation Duty of Care A duty of care is an obligation one owes to others to exercise reasonable caution when doing something that may cause harm in the future If a person fails comply with a duty and a person is injured because of it this is deemed to be negligence There are a myriad of circumstances in which a person or company is bound by a duty of care to the public including accountants and doctors who prepare taxes and store owners removing snow and ice off sidewalks to prevent people from falling and injuring themselves To be able to claim damages in a tort case it is necessary to show that the person who injured you had a duty of care and that they violated that duty of care and that their breach was the primary and most direct reason for your injury The standard of care is usually determined by what other experts apply in similar circumstances For instance in the event that a doctor does surgery on the wrong leg it could be deemed a breach of duty since other surgeons operating in similar circumstances would most likely examine the patients chart in a correct manner It is crucial to remember that the standard of care should not be too high that it imposes no limit on liability for all parties In jury trials as well as in bench trials the balance is carefully scrutinized by juries as well as judges
