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What Makes Injury Legal? The term injury legal is used to describe the damage or loss an individual suffers from the negligence of another person's or wrongful actions. It falls under the umbrella of tort law. The most obvious type of injuries is the bodily, which includes things like concussion, whiplash and broken bones. These injuries must be treated by an expert medical professional. Statute of Limitations The law establishes a deadline, known as the statute of limitations within which an injured party can file a lawsuit. Failure to file a lawsuit will result in the claim being "time barred" and the person who was injured is not able to claim compensation for their losses. The specifics of the statute of limitations can differ between states, and each type of case has its own specific time frame as well. The "clock" of the statute of limitations usually begins to tick when the accident or incident which caused the injury occurs. However, there are some exceptions that could prolong the time for filing an action. The discovery rule is an exception. It states that the clock of the statute of limitations does not start until the injury has been discovered or should have reasonably been discovered. This is most commonly seen when conditions are concealed, like asbestos or certain medical malpractice claims. A minor may be granted an additional year to file a lawsuit, even that the statute would typically expire prior to turning 19. There is also the "tolling" provision, which suspends the statute of limitation during certain events or circumstances such as military service or involuntary mental health commitments. There is also the extension of the statute of limitations for fraud or willful misrepresentation. Damages Damages are the compensation paid to the victim of the tort (wrongful act). There are two kinds of damages - punitive and compensatory. Compensatory damages are intended to compensate the plaintiffs and make them whole after an injury. Punitive damages are intended to punish defendants for fraudulent acts, devious acts that caused harm, or gross negligence. The amount of damages awarded is highly dependent and based on the specific circumstances of each case. A seasoned personal injury lawyer can assist you in documenting the extent of your losses. This will increase your chances of receiving the highest amount of compensation that you are able to. For instance, your lawyer may use experts to testify about the severity of your pain and suffering, or a psychologist or psychiatrist expert witness to back up your claim for emotional distress. To receive the highest amount of compensation, you must document your losses now and in the future. Your attorney will assist you keep a detailed record of your expenses and financial loss incurred as well as the amount of your lost income in the future. This can be quite complicated and usually involves formulating estimates based on the severity of your injury and its permanent disability, which requires the assistance of experts. If the defendant doesn't have sufficient insurance to cover your claims, you may be able to seek a civil judgement against them. This can be a challenge unless the defendant is a major corporation or has multiple assets. Statute of Repose While statutes of limitations and statutes of repose both limit the time a plaintiff must wait to file a claim for damages There are a few notable distinctions between the two. Statutes of limitations are procedural and forward-looking and forward-looking, while statutes of repose are substantive and retro-looking. In short, a statute of repose is a law which sets the deadline by which legal actions are barredwith the same exceptions as a statute of limitations. A statute of repose is usually used in product liability suits, and medical malpractice claims. The major difference is that a statute starts to run following an event, while the statute of limitations usually begins when the plaintiff notices or suffers losses. This could be a problem in cases involving product liability, for example, since it can take a long time for the plaintiff to purchase and use a particular product before the company was aware of any flaws. Due to these distinctions, it's important for victims of injuries to speak with a personal injury attorney near them before the applicable statutes of limitation and repose statutes expire. Michael Ksiazek, a partner in Stark & Stark’s Yardley office, focuses on Accident & Injury Law. Contact him for a free consultation. Duty of Care A duty of care is a duty one owes to others to exercise reasonable caution when doing something that may be predicted to cause harm. It is typically regarded as negligent when a person fails to fulfill their duty of care and someone gets injured due to the negligence. A person or company has the obligation of care to the public in many situations. This includes doctors who prepare tax returns, accountants preparing tax returns and store owners removing snow from sidewalks to ensure people don't slip and harm themselves. To be able to claim damages in a case of tort you must show that the person who injured you was owed the duty of care, and that they violated their duty of care, and that their negligence was the primary and direct cause of your injuries. The standard of care is usually determined by what other doctors perform in similar situations. For injury lawsuit garland when a doctor performs surgery on the wrong leg, it could be considered to be a breach of obligation because other surgeons in similar circumstances could have read the patient's medical chart correctly. It is important to note that the standard of care should not be enough to impose the same liability to all parties. In jury trials, as well as in bench trials the balance is assessed by juries and judges.

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