What Makes Injury Legal?
Legal injury is a term used to describe the harm or loss that an individual suffers as a result of another party's negligent or wrongful actions. It is a part of tort law.
The most obvious form of injury is a bodily one, which includes things like whiplash, concussions, and broken bones. It is important to seek medical treatment for these injuries.
Statute of Limitations
The law provides an expiration date, known as the statute of limitations in which an injured person has the option of filing a lawsuit. Failing to do so will result in the claim being "time barred" and the person who was injured cannot recover compensation for their losses. The time period for the statute of limitations differs from state to state and according to the type of case.
The statute of limitations "clock" typically starts ticking when the accident or incident that led to injury occurs. However, there are a few exceptions that can extend the time to file a lawsuit. One such exception is known as the discovery rule, which states that the clock of statute of limitations doesn't begin until the injury is discovered or ought to have been discovered. This is often seen in cases involving hidden conditions, like asbestos exposure 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 prior to turning 19. There is also the "tolling" provision that suspends the limitations period in certain circumstances and events, such as military service and involuntary mental hospitalization. The statute of limitations may be extended in the event of fraud or deliberate concealment.
Damages
Damages are the amount of compensation that is paid to the victim of an offense (wrongful act). There are two types of damages: compensatory and punitive. Compensatory damages compensate plaintiffs for their losses and aim to restore their health following an injury, whereas punitive damages penalize the defendant for fraud, a malicious act that caused harm, or gross negligence.
The amount of damages awarded is subjective and based upon the unique circumstances of each case. An experienced personal injury attorney will assist you in documenting the complete extent of your losses. This will improve your chances of receiving the highest amount of compensation that you are able to. For instance the lawyer might use expert witnesses to testify on the severity of your suffering and pain or a psychologist or psychiatrist expert witness to bolster your emotional distress claim.
Obtaining maximum compensation requires careful documentation of your current and future economic losses. Your lawyer will help you keep a detailed record of all costs and financial losses you incur as well as the value of your lost income in the future. Experts are often needed to calculate estimates based on the permanent impairment or disability caused by your injury.
If the defendant has insufficient insurance coverage to cover your claims, you can seek a civil judgment against them personally. But, this is very difficult unless the defendant has a substantial amount of assets or is a company with multiple assets.
Statute of Repose
While statutes of limitations and statutes of repose limit the amount of time a plaintiff must wait to file a lawsuit however, there are some significant differences between the two. Statutes are procedural, forward-looking and substantive.
In short, a statute of repose is a law that imposes an exact deadline for when legal actions are barred -but without the same exemptions as the statute of limitations. It is common for statutes of repose to apply to construction defect cases, product liability lawsuits, and medical malpractice claims.
injury lawyer salt lake city is that the statute of limitations usually runs when the plaintiff suffers harm or discovers their loss, a statute of repose usually begins to run when an event triggers it. This could be a problem in cases involving product liability for instance, since it could take years for the plaintiff to purchase and use a product, even before the company is aware of any defect.
Due to these variations in the law, it is essential that victims of injury consult an attorney before the applicable statutes expire. Michael Ksiazek is a partner at Stark and Stark's Yardley, PA office and is focused on Accident and Personal Injury Law. Contact him today to arrange no-cost consultation.
Duty of Care
A duty of care is an obligation one owes to others to exercise reasonable caution when performing a task that could be expected to cause harm. It is usually regarded as negligence when someone fails to perform their duty of care, and someone is injured in the process. A company or person has an obligation of care towards the public in many situations. This includes doctors who prepare tax returns, accountants who prepare tax returns and store owners removing snow off the sidewalks so that people don't fall and hurt themselves.
To successfully claim damages in a tort claim you will need to prove that the party who injured you owed you the duty of care, that they violated that duty of care and that their negligence was the direct and proximate cause of your injury. The level of care required is usually determined by what other doctors do in similar circumstances. If a surgeon makes a surgical procedure in the wrong limb the procedure could be regarded as an infraction of duty since other surgeons would have be able to read the chart correctly in similar circumstances.
It is crucial to remember that the standard of care must not be enough to impose the same liability to all parties. It is a balance that is vetted by juries in jury trials as well as judges in bench trials.