Injury Attorney: A Simple Definition
What Makes Injury Legal?
Injury legal is a term used to define the harm or loss that an individual suffers due to an individual's negligent or unlawful actions. It falls under the umbrella of tort law.
The most obvious harm is a bodily that can result in concussions whiplash, and broken bones. These injuries must be treated by medical professionals.
Statute of Limitations
The law imposes an amount of time, referred to as the statute of limitations within which an injured person can file a lawsuit. If you don't comply with the law, your claim will be "time-barred" and you will not be able recover compensation for your losses. The time limit for a claim varies from state to state, and also by type of case.
injury lawsuit parma " of the statute of limitations typically starts to tick when an accident or incident which caused the injury occurs. However, there are some exceptions that can extend the time needed to file an action. One of them is known as the discovery rule which states that the clock of statute of limitations is not set until the injury is discovered or could have been discovered. This is often observed in cases that involve hidden conditions, such as asbestos exposure or medical malpractice claims.
A minor can also be granted an extra year to file a lawsuit even though the statute would normally expire prior to turning 19. There is also the "tolling" provision, which allows the limitations period to be suspended during certain circumstances and events, such as military service and involuntary mental hospitalization. The statute of limitations can be extended for fraudulent misrepresentation or willful concealment.
Damages
Damages are a form of compensation given to the victim of a tort (wrongful act). There are two main types of damages: compensatory and punitive. Compensatory damages aim to compensate the plaintiffs and make them whole after an injury. Punitive damages are intended to punish the defendants for fraudulent acts, devious actions that caused harm or gross negligence.
The amount of damages awarded is subjective and is based on the specific facts of each case. An experienced personal injury attorney can assist you in determining the totality of your losses. This will increase your chance of receiving the maximum amount possible. Your lawyer might call in experts to testify about the extent of your suffering, or to prove your claim for emotional distress.
To get the maximum amount of compensation, you should carefully record your losses now and in the future. Your lawyer will help you keep a detailed record of your expenses and financial losses incurred as well as the amount of the future loss of income. This can be difficult and usually involves calculating estimates based on your injury's permanent impairment or disability, which requires the assistance of experts.
If the defendant is not covered by insurance coverage to pay your claims, you are able to seek a civil judgment against them personally. This can be difficult if the defendant has significant assets or is a corporate entity with multiple assets.
Statute of Repose
While statutes of limitations and statutes of repose limit the time a plaintiff can have to file an injury claim There are a few notable distinctions between the two. Statutes are procedural, forward-looking and substantive.
A statute of repose, in short is a law that specifies a timeframe within which legal action is closed - without the exceptions as a statute of limitations have. It is common for statutes of repose to apply to cases involving construction defects, products liability lawsuits, and medical malpractice claims.
The main difference is that while a statute of limitations typically begins to run when the plaintiff suffers harm or discovers their loss, a statute of repose usually begins to run when an event triggers it. This is a concern in product liability cases. It can take years before a plaintiff buys and utilizes a product and the company becomes aware of any issues.
Due to these distinctions, it's important for victims of injuries to speak with a personal injury lawyer near them prior to when the applicable statutes of limitations and statutes of repose expire. Michael Ksiazek, a partner at Stark and Stark's Yardley office, focuses on Accident & Injury Law. Contact him today for a no-obligation consultation.
Duty of Care
A duty of care is a duty one owes to others to exercise reasonable caution when doing something that could be expected to cause harm. When a person fails to comply with a duty, and someone is injured as a result, this is considered negligence. A person or company has a duty of caring to the public in many instances. This includes doctors who prepare tax returns, accountants who prepare tax returns and store owners removing snow from sidewalks to ensure people do not fall and hurt themselves.
To successfully claim damages in a case of tort you will need to establish that the party that injured you had the duty of care, and that they breached their duty of care, and that their breach was the primary and most direct cause of your injuries. The standard of care is usually determined by what other experts apply in similar circumstances. For example, if a doctor performs surgery on the wrong leg, it could 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 keep in mind, too, that the standard of care should not be too high that it imposes no limit on liability for all parties. It is a balance that is carefully scrutinized by juries in jury trials as well as judges in bench trials.