Injury Attorney Explained In Fewer Than 140 Characters

What Makes Injury Legal?

The term injury legal is used to describe the damage, loss or damage that an individual suffers of a negligent act or wrongful conduct. It is a part of tort law.

The most obvious type of injury is one that's bodily which includes things such as whiplash, concussion and broken bones. These injuries should be treated by a medical professional.

Statute of Limitations

The law sets a time limit, called the statute of limitations in which an injured party can file a lawsuit. If you fail to comply with the law, your claim will be "time-barred" and you will not be able to recover compensation for your losses. The specifics of the statute of limitations differ from state to state, and each type of case has its own specific time period as well.

The "clock" of the statute of limitations typically begins to tick once the accident or incident which caused the injury occurs. There are some exceptions to the rule that could prolong the time required to file a lawsuit. The discovery rule is an exception. It states that the clock for the statute of limitations is not set until the injury has been identified or should have reasonably been discovered. This is seen most often in cases where conditions are concealed, injuries such as asbestos or certain medical malpractice claims.

A minor can also be granted an extra year to file a lawsuit, even though the statute would normally expire before they turn 19. Then there is the "tolling" provision, which suspends the statute of limitations for certain circumstances, such as military service, or involuntary mental health commitments. Finally, there is the statute of limitations extension for fraud or willful false representation.

Damages

Damages are a form of compensation that is given to the victim after a tort or wrongdoing. There are two kinds of damages: compensatory and punitive. Compensatory damages aim to compensate plaintiffs and restore them to their fullness after an injury. Punitive damages are meant to penalize defendants who committed fraudulent acts, devious acts that caused harm, or gross negligence.

The amount of damages awarded is subjective and is based on the unique circumstances of each case. A personal injury lawyer who has experience can assist you in documenting the full extent of your losses. This will increase your chances of obtaining the largest amount possible. For example the lawyer might use experts as witnesses to prove the severity of your suffering and pain, or a psychological or psychiatric expert witness to strengthen your emotional distress claim.

Obtaining maximum compensation requires careful documentation of your present and future economic losses. Your attorney will assist you with keeping detailed records of the expenses and financial losses incurred and will also calculate the value of any future loss of income. Experts are often required to calculate estimates based on the permanent impairment or disability that results from your injury.

If the defendant does not have enough insurance coverage to cover your claims, you can obtain a civil judgment against them personally. This can be a challenge unless the defendant is a major company or has multiple assets.

Statute of Repose

There are some distinctions between statutes of limitation and statutes de repose. Both limit the time the plaintiff has to make a claim for injury law firms however there are some similarities. Statutes are procedural, forward-looking and substantive.

A statute of repose, as it's known, is a law which establishes a time frame that must be met before legal action is closed - without the exceptions as a statute or limitations. A statute of repose can be used in product liability suits and medical malpractice claims.

The most significant difference is that while the statute of limitations generally is in effect when the plaintiff is injured or learns of their loss the statute of repose typically begins to run when an incident triggers it. This is a concern in product liability cases. It could take a long time before a plaintiff buys and uses a product, and the company is aware of any flaws.

Due to these differences due to these differences, it is imperative that injured victims consult an attorney prior to the applicable statutes expire. Michael Ksiazek is a partner at Stark & Stark's Yardley, PA office and is focused on Accident and Personal Injury Law. Contact him to arrange a no-obligation consultation.

Duty of Care

A duty of care is the obligation that one has to others to use reasonable caution when doing things that could lead to harm. If a person fails to comply with a duty and someone is injured as a result, this is deemed to be negligence. A person or company has a duty of caring to the public in many instances. This includes doctors who are preparing tax returns, accountants who prepare tax returns, and store owners clearing snow from sidewalks to ensure people don't fall and hurt themselves.

To be able to claim damages in a tort lawsuit, you will need to establish that the party that injured you was bound by an obligation of care, that they breached their duty of care, and that their breach was the sole and primary reason for your injury. The standard of care is usually determined by what other doctors perform in similar situations. For example, if a doctor performs surgery on the wrong leg, it may be considered a breach of duty because other surgeons under the same circumstances would likely read the patient's chart correctly.

It is important to remember that the standard of care can't be so high as to limit liability to all parties. In jury trials, as well as in bench trials the balance is assessed by juries and judges.