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What Makes Injury Legal? The term”injury legal” is used to describe the damage or loss an individual suffers as a result from the negligence of another person's or wrongful conduct. It is a part of tort law. The most obvious accident is a bodily affliction which can include concussions whiplash, and fractured bones. It is crucial to seek medical attention for these injuries. Statute of limitations The law establishes an amount of time, referred to as the statute of limitations in which an injured person has the option of filing a lawsuit. If you fail to comply, your claim will be “time-barred” and you will not be able to obtain compensation for your losses. The statute of limitations varies from state to state, and also by type of case. The “clock” of the statute of limitations usually begins to tick when the accident or incident that caused the injury occurs. There are some exceptions to the rule that could extend the time for filing a lawsuit. The discovery rule is one such exception. It states that the clock of the statute of limitations does not start until the injury has been identified or should have reasonably been discovered. This is typically found in cases involving hidden issues, such as asbestos exposure or certain medical malpractice claims. Another exception applies to minors, who have a year from the age of 18 to start litigation even though the statute of limitations typically runs before they reach age 19. Then there is the “tolling” provision, which suspends the statute of limitations during certain circumstances, such as military service, or involuntary mental health commitments. The statute of limitations may be extended for fraudulent misrepresentation or intentional concealment. Damages Damages are a form of compensation given to the victim of an offense (wrongful act). There are two kinds of damages: punitive and compensatory. Compensatory damages are intended to compensate the plaintiffs and ensure they are fully compensated after an injury. Punitive damages are used to punish the defendants for fraud, malicious actions that caused harm or gross negligence. The amount of damages awarded is subjective and is based on the specific facts of each case. A seasoned personal injury lawyer can help you document the totality of your losses. This will improve your chances of receiving the highest amount of compensation that is possible. For instance your lawyer could use experts to testify about the severity of your suffering and pain as well as a psychologist or psychiatrist expert witness to back up your claim for emotional distress. Obtaining maximum compensation requires careful documentation of your present and future economic losses. Your lawyer will help you keep meticulous records of the expenses and financial losses incurred in addition to the value of your lost income in the future. This can be difficult and often involves making estimates based on the permanent impairment caused by your injury or disability and requires the assistance of experts. If the defendant has insufficient insurance coverage to cover your claims, you are able to get a civil judgement against them personally. But, this is extremely difficult unless the defendant has a substantial amount of assets or is a corporate entity with multiple assets. Statute of Repose While statutes of limitations and statutes of repose both limit the amount of time that a plaintiff has to file a claim for injury However, there are some important differences between the two. Statutes are procedural, forward-looking, and substantive. A statute of repose, in short, is a law which sets a deadline within which legal action is not allowed – without the exceptions that a statute or limitations would provide. A statute of repose can be used in product liability suits, and medical malpractice claims. injury lawyer bellevue is that a statute starts to run after an event, while the statute of limitations generally begins when the plaintiff is aware of or suffers a loss. This could be a problem in product liability cases. It could take years before a plaintiff buys and uses a product, and the company is aware of any flaws. Because of these differences, it's important for injury victims to consult with a personal injury attorney near them prior to when the applicable statutes of limitations and repose statutes run out. Michael Ksiazek is a partner at the Stark & Stern's Yardley, PA office and focuses on Accident and Personal Injury Law. Contact him today for an initial consultation for no cost. Duty of Care A duty of care is the obligation that one owes to others to use reasonable caution when performing activities that could cause harm. If a person fails perform a duty of care and someone is injured because of it, this is considered to be a case of negligence. There are a variety of situations where a person business is responsible for providing care to the public, such as doctors and accountants preparing taxes and store owners removing snow and ice off the sidewalks to prevent people from falling and injuring themselves. In order to successfully claim damages in a case of tort you will need to establish that the party that injured you was bound by an obligation of care, that they breached that duty of care and that their breach was the sole and primary cause of your injury. The standard of care is usually established by what other professionals perform in similar situations. For example the case where a physician performs surgery on the wrong leg, it may be considered to be a breach of obligation because other surgeons in similar circumstances would most likely be able to read the patient's record correctly. It is also important to note that the standard of care can't be so high as to limit liability to all parties. In jury trials, and in bench trials, the balance is carefully scrutinized by juries as well as judges.