20 Trailblazers Leading The Way In Injury Attorney
What Makes Injury Legal?
The term injury legal is used to describe the harm or loss an individual suffers from another party's negligent actions or wrongful acts. It falls under tort law.
The most obvious form of injury is one that is bodily that includes things like concussion, whiplash and broken bones. These injuries must be treated by an experienced medical professional.
Statute of Limitations
The law imposes a time limit, called the statute of limitations, within which an injured person has the option of filing a lawsuit. If you do not comply, your claim will be "time-barred" and you won't be able claim compensation for your losses. The details of the statute of limitations differ from state to state, and each type of instance has its own distinct time frame, as well.
The statute of limitations "clock" generally begins to tick at the point that the accident or incident that caused injury claim occurs. However, there are a few exceptions that may extend the time needed to file a lawsuit. One of these exceptions is known as the discovery rule which states that the statute of limitations clock doesn't begin until the injury is discovered or should have been discovered. This is typically encountered in cases involving concealed circumstances, such as asbestos exposure or certain medical malpractice claims.
A minor may also be granted an extra year to file a lawsuit, even that the statute would typically expire prior to turning 19. There is also the "tolling" provision that extends the limitation period for certain circumstances and events like military service or involuntary mental hospitalization. The statute of limitations may be extended for fraudulent misrepresentation or intentional concealment.
Damages
Damages are compensation that is paid to the victim after an act of wrongdoing or tort. There are two kinds of damages - punitive and compensatory. Compensatory damages are meant to compensate the plaintiffs and to make them whole after an injury. Punitive damages are designed to penalize defendants who committed fraud, malicious acts that caused harm, or for gross negligence.
The amount of damages awarded is subjective and based on the specific facts of each case. A personal injury claim lawyer with years of experience can assist you in documenting your entire loss. This increases your chances of obtaining the most money possible. Your lawyer might call in experts to explain the severity of your suffering, or to prove your claim for emotional distress.
To get the maximum amount of compensation, you must have careful documentation of your current and future economic losses. Your attorney will assist in keeping detailed reports of the costs and financial losses you have incurred, as well as calculating the amount of future lost income. This can be complicated and usually involves making estimates based on the severity of your injury and its permanent disability which requires the assistance of experts.
If the defendant does not have enough insurance to cover your claims, then you might be able to obtain a civil lawsuit against them. This isn't always easy unless the defendant is a major corporation or has multiple assets.
Statute of Repose
There are some differences between statutes of limitation and statutes of repose. Both limit the amount of time a plaintiff is able to file a claim for injury however there are some similarities. Statutes of limitation are procedural and forward-looking, whereas statutes of repose are substantive and forward-looking.
A statute of repose, or in other words it is a law that gives a time limit within which legal action is barred - without the same exceptions as a statute of limitations provide. It is common for statutes of repose to be applied to construction defect cases, products liability lawsuits and medical malpractice claims.
The biggest difference is that, while a statute of limitations typically starts to run when a plaintiff is injured or learns of their loss the statute of repose typically begins to run when an incident triggers it. This could be a problem in cases involving product liability for instance, as it could take a long time for a plaintiff to purchase and use a product, even before the company was aware of any defects.
Due to these distinctions due to these differences, Injury Legal it is crucial for victims of injuries to speak with a personal injury lawyer near them prior to when the applicable statutes of limitation and repose statutes expire. Michael Ksiazek is a partner at Stark and Stark's Yardley, PA office and is a specialist in Accident and Personal injury attorneys Law. Contact him now for an initial consultation for no cost.
Duty of Care
A duty of care is the obligation one has to others to exercise reasonable care when doing things that could cause harm. It is generally considered negligence when an individual fails to perform their duty of care and a person is injured due to the negligence. A person or company has an obligation of care towards the public in a variety of situations. This includes doctors preparing tax returns, accountants who prepare tax returns, and store owners clearing snow off sidewalks to ensure that people don't slip and end up hurting themselves.
To successfully seek damages in a tort lawsuit, you will need to show that the person who injured you had a duty of care, that they violated their duty of care, and that their breach was the sole and primary cause of your injuries. The standard of care is typically established by what other professionals apply in similar circumstances. For instance the case where a physician performs surgery on the wrong leg, it may be considered a breach in obligation because other surgeons in similar circumstances will likely have read the patient's medical chart correctly.
It is crucial to remember, too, that the standard of care should not be so high that it imposes no limit on liability for all parties. It is a balance which is vetted by juries in jury trials as well as judges in bench trials.
