What Makes Injury Legal?
The term injury legal is used to describe the damage, loss or damage that an individual suffers of a negligent act or wrongful actions. It is a part of tort law.
The most obvious kind of injury is a bodily one which includes things such as whiplash, concussion and broken bones. It is essential to seek medical assistance for these injuries.
Statute of limitations
The law provides the time frame, also known as the statute of limitations within which an injured party can file a lawsuit. Failure to comply with this deadline will result in the claim being "time barred" and the injured party cannot claim compensation for their losses. The specifics of the statute of limitations vary from state to state and each type of case has its own time frame, as well.
The statute of limitations "clock" typically begins ticking when the accident or incident that led to injury occurs. However, there are several exceptions that could extend the time for filing an action. One of these exceptions is known as the discovery rule which states that the clock for the statute of limitations doesn't begin until the injury is discovered or should have been discovered. This is usually seen in cases involving hidden circumstances, such as asbestos exposure or certain medical malpractice claims.
Another exception is for minors, who have a year after their 18th birthday to begin lawsuits, even when the statute of limitations will normally expire before they reach age 19. There is also the "tolling" provision which extends the limitation period for certain circumstances, such as military service and involuntary mental hospitalization. The statute of limitations can be extended in the event of fraud or willful concealment.
Damages
Damages are the compensation paid to the victim after an incident of negligence or a tort. There are two types of damages: compensatory and punitive. Compensatory damages are meant to compensate the plaintiffs and restore them to their fullness after an injury. Punitive damages are designed to penalize defendants who committed fraudulent acts, devious actions that cause harm, or for gross negligence.
The amount of damages awarded is highly subjective and based upon the specific facts of each case. A personal injury lawyer with experience can assist you in documenting the full extent of your losses. This increases your odds of receiving the maximum amount possible. Your lawyer can call experts to explain the severity of your pain and suffering or to support your claim for emotional distress.
To receive injury case houston of compensation, you need to have thorough documentation of your present and future economic losses. Your lawyer will help you keep a detailed record of all expenses and financial loss incurred in addition to the value of your lost income in the future. This can be quite complicated and often involves calculating estimates based on the severity of your injury and its permanent disability, which requires the assistance of experts.
If the defendant has insufficient insurance coverage to pay your claims, you are able to obtain a civil judgment against them personally. This can be a challenge unless the defendant is a large company or has multiple assets.
Statute of Repose
There are some distinctions between statutes of limitation and statutes of repose. Both limit the time a plaintiff has to file a claim claiming injury however, there are some similarities. Statutes are procedural, forward-looking and substantive.
In a nutshell, a statute of repose is a law that sets an exact deadline for when legal actions are barred -but without the same exemptions as the statute of limitations. A statute of repose is usually used in lawsuits involving construction defects, products liability suits, and medical malpractice claims.
The primary difference is that a statute starts to run following an event, while the statute of limitations usually begins when the plaintiff is aware of or suffers the loss. This can be a problem in product liability cases for instance, since it may take years for the plaintiff to purchase and use a product prior to the company is aware of any defects.
Due to these differences due to these differences, it is imperative to ensure that victims of injuries consult a personal attorney before the statutes that apply to them expire. Michael Ksiazek is a partner at Stark and Stark's Yardley, PA office and is a specialist in Accident & Personal Injury Law. Contact him for a free consultation.
Duty of Care
A duty of care is an obligation one owes to others to exercise reasonable care when doing something that could be predicted to cause harm. It is typically regarded as negligent when an individual fails to fulfill their duty of care and someone is injured due to the negligence. There are many situations where a person or company is obligated to provide care to the public, such as doctors and accountants preparing taxes and store owners clearing snow and ice from the sidewalks to prevent people from falling and causing injury to themselves.
To be able to claim damages in a negligence case you must prove that the person who injured you had the duty to protect you and breached their obligation and that their negligence caused your injury. The quality of care is typically determined by what other professionals apply in similar circumstances. For example, if a doctor performs surgery on the wrong leg, it could be considered a breach in duty because other surgeons working in similar circumstances could have read the patient's medical chart correctly.
It is important to note, too, that the standard of care should not be enough to impose an unlimited liability on all parties. It is a balance that is vetted by juries in jury trials and judges in bench trials.