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What Makes Injury Legal? The term”injury legal” can be used to describe the damage or loss an individual suffers as a result of a negligent act or wrongful acts. It falls under the umbrella of tort law. The most obvious form of injury is a bodily one that includes things like whiplash, concussion and broken bones. These injuries should be treated by an expert medical professional. Statute of limitations The law provides a time limit, called the statute of limitations, within which an injured person can file a lawsuit. Failing to do so will result in the claim being “time barred” and the victim will not be able to receive compensation for their losses. The time-limit for claims varies from state to state and also depending on the type of case. The statute of limitations “clock” typically begins ticking at the time the accident or incident that resulted in injury occurs. However, there are some exceptions that can extend the time to file an action. The discovery rule is a prime exception. It states that the clock of the statute of limitations will not begin until the injury has been identified or should have reasonably been discovered. This is usually encountered in cases involving concealed conditions, like asbestos exposure or certain medical malpractice claims. A minor may be granted an additional year to file a lawsuit, even that the statute would typically expire before they turn 19. There is also the “tolling” provision, which extends the limitation period for certain events and situations, such as military service and involuntary mental hospitalization. Finally, there is the extension of the statute of limitations in the event of willful concealment or fraud. deception. Damages Damages are compensation that is paid to the victim after the commission of a wrongdoing or a tort. There are two main types of damages: punitive and compensatory. Compensatory damages are meant to compensate plaintiffs for their losses and aim to make them whole again after an accident, whereas punitive damages punish the defendant for fraud, a wrongful act that caused harm, or gross negligence. The amount of damages awarded is highly subjective and based on the specific circumstances of each case. A seasoned personal injury lawyer can assist you in determining the complete extent of your losses. This increases your odds of obtaining the largest amount possible. Your lawyer might call in experts to explain the severity of your suffering, or to support your claim for emotional distress. In order to receive the maximum amount of amount of compensation, you should carefully record your current and future losses. Your lawyer will assist you in keeping detailed reports of the costs and financial losses incurred, as well as calculating the amount of future lost income. This can be a bit complicated and often requires the calculation of estimates based upon the permanent impairment caused by your injury or disability and requires the assistance of experts. If the defendant has insufficient insurance coverage to pay your claims, then you can seek a civil judgment against them personally. This can be difficult unless the defendant is a major corporation or has multiple assets. Statute of Repose While statutes of limitations and statutes of repose limit the amount of 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. In short an esoteric sense, a statute or repose is a law that sets the deadline by which legal actions are barredwith the same exceptions as a statute of limitation. It's common for a statute of repose to be applied to construction defect cases, product liability lawsuits and medical malpractice claims. The primary difference is that a statute starts to run following an event, whereas the statute of limitations usually starts when the plaintiff discovers or suffers the loss. This is a concern in product liability cases for instance, since it could take years for a plaintiff to purchase and use a product prior to the company is aware of any defects. Due to these distinctions, it's important for victims of injuries to speak with a personal injury attorney near them prior to when the applicable statutes of limitation and repose statutes run out. Michael Ksiazek, a partner in Stark & Stark’s Yardley office, concentrates on Accident and Injury Law. Contact him for a free consultation. Duty of Care A duty of care is the obligation that people owe others to exercise reasonable caution when doing things that could cause harm. When a person fails to perform a duty of care and a person is injured as a result, this is considered to be a case of negligence. There are many instances where a person or company is bound by a duty of care to the public, such as accountants and doctors preparing tax returns and store owners removing snow and ice off the sidewalks to prevent people from falling and injuring themselves. To be able to claim damages in a negligence case you must prove that the person who injured you was the duty to protect you and breached their duty of duty and that their breach caused your injury. The standard of care is typically determined by what other experts would do in similar circumstances. For example the case where a physician performs surgery on the wrong leg, it could be deemed a breach of duty since other surgeons operating in the same circumstances would likely read the patient's chart correctly. It is vital to note that the standard of care should not be excessive that it creates unlimited liability on all parties. In injury attorney kansas city , as well as in bench trials, the balance is carefully evaluated by juries as well as judges.