15 Reasons You Must Love Injury Attorney

What Makes Injury Legal?

The term "injury legal" is used to define the harm or loss that a person suffers as a result of the negligence or wrongdoing of another's actions. It falls under tort law.

The most obvious harm is a bodily which can include concussions whiplash, broken bones, and concussions. These injuries should be treated by an experienced medical professional.

Statute of limitations

The law sets a time limit, called the statute of limitations, within which an injured person is able to file a lawsuit. Failure to file a lawsuit will result in the claim being "time barred" and the injured party will not be able to recover compensation for their losses. The time period for the statute of limitations differs from state to state, and also according to the type of case.

The "clock" of the statute of limitations typically begins to tick when the incident or accident that caused the injury occurs. However, there are a few exceptions that could extend the time required to file a lawsuit. One of them is known as the discovery rule, which states that the statute of limitations clock cannot begin until the injury is discovered or reasonably ought to have been discovered. This is typically seen in cases where injuries are hidden, such asbestos or certain medical malpractice claims.

A minor may also be granted an extra year to file a lawsuit even though the statute would normally expire before turning 19. There is also the "tolling" provision that suspends the statute of limitations during certain situations or events such as military service or involuntary mental health commitments. The statute of limitation can be extended in the event of fraudulent misrepresentation or intentional concealment.

Damages

Damages are the compensation paid to the victim of the tort (wrongful act). There are two kinds of damages: compensatory and punitive. Compensation damages compensate plaintiffs for their losses and are intended to restore their health after an accident, whereas punitive damages punish the defendant for fraud, an ill-intentional act that caused harm, or reckless negligence.

The amount of damages awarded is subjective and is based on the particular facts of each case. A personal injury lawyer who has experience can assist you in documenting your full losses. This will increase your chances of obtaining the most money possible. Your lawyer could call in experts to provide evidence of the extent of your suffering, or to support your claim for emotional distress.

To get the maximum amount of compensation, you should carefully document your current and future losses. Your lawyer will assist you with keeping detailed records of the expenses and financial losses you have incurred, and will also calculate the amount of future lost income. This can be a bit complicated and often involves making estimates based on your injury's permanent impairment or disability, which requires the assistance of experts.

If the defendant does not have sufficient insurance to cover your claims, then you might be able pursue a civil judgement against them. This isn't always easy 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 restrict the time that a plaintiff can bring a claim for injury lawsuit, but there are also certain similarities. Statutes are procedural, forward-looking and substantive.

A statute of repose, in short, is a law which sets a deadline when legal action can be prohibited - with the same exceptions that a statute or limitations would provide. It is typical for a statute of repose to apply to construction defect cases, products liability lawsuits, and medical malpractice claims.

The most notable difference is that, while the statute of limitations usually begins to run when the plaintiff is injured or learns of their loss and a statute of restraint generally begins to run when an incident triggers it. This can be a problem in cases involving product liability, for example, since it may take years for the plaintiff to purchase and use a product, even before the company might have been aware of any defect.

Due to these differences, it's important for injured victims to speak with a personal injury attorney close to them before the applicable statutes of limitations and statutes of repose expire. Michael Ksiazek is a partner at the Stark & Stern's Yardley, Injured PA office and is focused on Accident & Personal Injury Law. Contact him to arrange a no-obligation consultation.

Duty of Care

A duty of care is an obligation that a person owes others to exercise reasonable care when doing something that may be predicted to cause harm. It is usually regarded as negligence when a person fails to meet their duty of care, and someone is injured as a result. There are a myriad of circumstances where a person or company is obligated to provide care to the public, such as doctors and accountants preparing taxes and store owners who clear snow and ice from the sidewalks to avoid people falling and hurting themselves.

To be able to claim damages in a tort claim it is necessary to show that the person who injured you owed you an obligation of care, that they breached their duty of care and that their negligence was the direct and proximate cause of your injuries. The norm of care is usually determined by what other doctors would do in similar situations. If a surgeon is performing surgery in the wrong place the procedure could be regarded as unprofessional conduct, since other surgeons would have read the chart correctly under similar circumstances.

It is vital to note, too, that the standard of care should not be excessive that it creates unlimited liability on all parties. It is a balance which is carefully scrutinized by juries in jury trials as well as judges in bench trials.