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What Makes Injury Legal? Legal injury is a term used to describe the loss or harm that a person suffers as a result of another party's negligent or wrongful actions. It is a part of tort law. The most obvious harm is a bodily which can include concussions whiplash, broken bones, and concussions. These injuries should be treated by medical professionals. Statute of limitations The law imposes an expiration date, known as the statute of limitations within which an injured person has the option of filing a lawsuit. Failure to file a lawsuit will result in the claim being "time barred" and the injured party is not able to receive compensation for their losses. The time period for the statute of limitations differs from state to state and also depending on the type of claim. The statute of limitations "clock" generally starts to tick when the accident or incident that led to injury occurs. There are some exceptions to the rule that could delay the filing of a lawsuit. injury lawyer north richland hills of them is known as the discovery rule which states that the statute of limitations clock does not begin until the injury is discovered or reasonably could have been discovered. This is usually observed in cases that involve hidden conditions, such as asbestos exposure or medical malpractice claims. Another exemption is for minors who have a year following their 18th birthday when they can initiate litigation, even while the statute of limitation usually runs before they reach the age of 19. There is also the "tolling" provision, which suspends the statute of limitations during certain events or circumstances such as military service or involuntary mental health obligations. The statute of limitations could be extended in the event of fraudulent misrepresentation or willful concealment. Damages Damages are the compensation paid to the victim after an act of wrongdoing or tort. There are two main types of damages: compensatory and punitive. Compensatory damages aim to compensate the plaintiffs and ensure they are fully compensated after an injury. Punitive damages are meant to penalize defendants for fraudulent acts, devious actions that caused harm or for gross negligence. The amount of damages you are able to claim is highly subjective, and based on each case's unique facts. A personal injury lawyer with years of experience will assist you in capturing your losses in full. This will increase your chances of obtaining the largest amount possible. Your lawyer can call expert witnesses to describe the extent of your suffering or to back up your claim for emotional distress. In order to maximize compensation, you need to take care in the documentation of your current and future economic losses. Your attorney will assist you keep detailed records of financial losses and expenses incurred in addition to the value of your future lost income. This can be quite complicated and usually involves calculating estimates based on the severity of your injury and its permanent disability that requires the help of experts. If the defendant does not have sufficient insurance to cover your claims, you could be able to pursue a civil judgment against them. However, this can be very difficult unless the defendant has substantial assets or is a company with multiple assets. Statute of Repose While statutes of limitations and statutes of repose both restrict the time a plaintiff can have to file a claim for injury However, there are some important differences between the two. Statutes are procedural, forward-looking, and substantive. In a nutshell the simplest terms, a statute of repose is a law that imposes an absolute deadline within which legal actions are barredbut without the same exemptions as a statute of limitation. A statute of repose is often applied to cases involving defective construction, products liability suits and medical malpractice claims. The biggest distinction is that a statute of limitations typically starts to run when a plaintiff suffers harm or discovers their loss the statute of repose typically begins running when an event triggers it. This can be an issue in product liability cases for instance, as it can take a long time for the plaintiff to purchase and use a product, even before the company is aware of any defects. Due to these differences and the fact that there are a variety of different laws, it is important for victims of injuries to speak with a personal injury lawyer near them before the applicable statutes of limitation and repose statutes expire. Michael Ksiazek, a partner in Stark &Stark's Yardley office, concentrates on Accident & Injury Law. Contact him today for a no-obligation consultation. Duty of Care A duty of care is the obligation individuals owe to others to exercise reasonable care when doing something that could lead to harm. When a person fails to fulfill a duty of care and a person is injured because of it, this is considered to be negligence. There are a myriad of circumstances where a person or company is obligated to provide care to the public, including accountants and doctors who prepare taxes and store owners clearing snow and ice from sidewalks to stop people from falling and injuring themselves. To be able to claim damages in a negligence case you must prove that the person who injured you owed obligations to you and acted in breach of this duty of duty and that their lapse caused your injury. The level of care required is usually determined by what other professionals apply in similar circumstances. If a doctor performs surgery on the wrong leg it could be deemed unprofessional conduct, since other surgeons be able to read the chart correctly in similar circumstances. It is important to note that the standard of care must not be too high that it imposes the same liability to all parties. This is a balance that is vetted by juries in jury trials and judges in bench trials.

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