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What Makes Injury Legal The terminjury legal is used to describe the damage loss or damage that an individual suffers as a result of anothers negligence or indefensible actions It falls under the umbrella of tort law The most obvious form of injuries is the bodily which includes things such as whiplash concussion and broken bones These injuries should be treated by medical professionals Statute of Limitations The law establishes a time limit called the statute of limitations within which an injured person has the option of filing a lawsuit Failure to comply with this deadline will result in the claim being time barred and the injured party will not be able claim compensation for their losses The statute of limitations varies from state to state and also depending on the type of case The statute of limitations clock generally begins to tick when the accident or incident that led to injury occurs However there are several exceptions that may extend the time needed 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 reasonably should have been discovered This is most commonly found in cases involving hidden conditions such as asbestos exposure or medical malpractice claims A minor may also be granted an extra year to file a lawsuit even although the statute would usually expire before they turn 19 Then there is the tolling provision which suspends the statute of limitations in certain circumstances such as military service or involuntary mental health commitments Finally there is the extension of the statute of limitations for willful concealment or false representation Damages Damages are a form of compensation given to the victim of an act of tort wrongful act There are two basic types of damages compensatory and punitive Compensatory damages compensate plaintiffs for their losses and are designed to make them whole again after an injury whereas punitive damages punish a defendant for fraud a devious act that caused harm or gross negligence The amount of damages awarded is highly subjective and based on the unique facts of each case A seasoned personal injury lawyer can assist you in determining the totality of your losses This will increase your odds of receiving the highest amount of compensation possible For instance the lawyer might use experts as witnesses to prove the severity of your suffering and pain as well as a psychological or psychiatric expert witness to back up your emotional distress claim To get the maximum amount of compensation you must have careful documentation of your present and future economic losses Your lawyer will assist in keeping detailed records of the expenses and financial losses that you incur as well as calculating the value of your future loss of income This can be a bit complicated and often requires making estimates based on your injurys permanent impairment or disability which requires the assistance of experts If the defendant does not have sufficient insurance to cover your claims you could be able pursue an injunction against them However this can be difficult if the defendant is a large asset or is a business with multiple assets Statute of Repose There are some differences between statutes of limitation and statutes of repose Both restrict the time a plaintiff has to bring a claim for injury but there are also some resemblances Statutes of limitation are a procedural and forwardlooking law whereas statutes of repose are substantive and look backwards A statute of repose in short is a law which establishes a time frame within which legal action is closed without the exceptions as a statute of limitations provide A statute of repose is usually applied to lawsuits involving construction defects products liability suits and medical malpractice claims The biggest distinction is that the statute of limitations generally starts to run when a plaintiff is hurt or becomes aware of their loss and a statute of restraint usually begins to run when an incident triggers it This is a concern in cases involving product liability for instance as it could take years for a plaintiff to purchase and use a particular product before the company is aware of any defect Due to these distinctions in the law it is essential that injury victims consult with an attorney before the statutes that apply to them expire Michael Ksiazek is a partner at Stark and Starks Yardley PA office and focuses on Accident Personal Injury Law Contact him now for an initial consultation for no cost Duty of Care A duty of care is a duty that a person owes others to exercise reasonable care when performing a task that could be predicted to cause harm It is typically regarded as negligent when an individual fails to fulfill their duty of care and someone gets injured due to the negligence There are injury attorney fremont of circumstances in which a person or company owes a duty of care to the public This includes accountants and doctors preparing tax returns and store owners who clear snow and ice from sidewalks to prevent people from falling and causing injury to themselves To be able to claim damages in a tort lawsuit you will need to show that the person who injured you was owed the duty of care that they breached their duty of care and that their breach was the primary and direct cause of your injuries The standard of care is generally established by what other medical professionals would do in similar situations If a surgeon performs surgery on the wrong leg the procedure could be regarded as an infraction of duty since other surgeons would have read the chart correctly under similar circumstances It is important to keep in mind too that the standard of care should not be too high that it imposes unlimited liability on all parties It is a balance that is vetted by juries in jury trials and judges in bench trials
