What Makes Injury Legal?
The term injury legal is used to describe the harm, loss or damage that an individual suffers as a result of another's negligence or indefensible actions. It falls under the umbrella of tort law.
The most obvious accident is a bodily affliction that can result in concussions whiplash, and broken bones. These injuries must be treated by an expert medical professional.
Statute of limitations
The law sets a deadline called the statute of limitations within which an injured party can bring a lawsuit. Failure to comply with this deadline will result in the claim being "time barred" and the party who was injured will not be able to get compensation for their losses. The details of the statute of limitation vary from state to state and each kind of case has its own time frame as well.
The "clock" of the statute of limitations typically starts ticking when the accident or incident which caused the injury occurs. There are a few exceptions to the rule, which can extend the time for filing a lawsuit. One such exception is known as the discovery rule which states that the statute of limitations clock does not begin until the injury is discovered or could have been discovered. This is usually observed in cases that involve hidden 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 suspends the statute of limitations in certain events or situations such as military service or involuntary mental health obligations. There is also the statute of limitations extension for fraud or willful misrepresentation.
Damages
Damages are compensation that is paid to the victim after an incident of negligence or a tort. There are two kinds of damages: punitive and compensatory. injury settlement pennsylvania pay plaintiffs back their losses, and are intended to restore their health after an injury, whereas punitive damages are intended to punish the defendant for fraud, an ill-intentional act that caused harm or reckless negligence.
The amount of damages awarded is highly subjective and is based on the specific circumstances of each case. A personal injury lawyer with experience can assist you in documenting the full extent of your losses. This will increase your odds of obtaining the maximum amount of compensation that is possible. For example your lawyer could use expert witnesses to testify on the severity of your suffering and pain as well as a psychological or psychiatric expert witness to support your claim for emotional distress.
To receive the most compensation, it is essential to document your losses now and in the future. Your attorney will help you keep a detailed record of all expenses and financial losses incurred as well as the amount of your lost income in the future. Experts are often required to estimate the value of your claim based on the permanent impairment or disability resulting from your injury.
If the defendant doesn't have sufficient insurance to cover your claims, then you might be able to obtain a civil lawsuit against them. However, this can be very difficult unless the defendant has significant assets or is a corporation with multiple assets.
Statute of Repose
There are some distinctions between statutes of limitation and statutes de repose. Both limit the amount of time a plaintiff is able to bring a claim for injury, but there are also some similarities. Statutes of limitation are procedural and forward-looking, whereas statutes of repose are substantive and retro-looking.
A statute of repose, in short it's a law that establishes a time frame after which legal action is closed - without the exceptions as a statute of limitations would provide. It is common for a statute of repose to apply to construction defect cases, product liability lawsuits as well as medical malpractice claims.
The biggest distinction is that the statute of limitations typically runs when the plaintiff is hurt or becomes aware of their loss, a statute of repose typically begins to run when an incident triggers it. This is a concern in product liability cases. It can take years before a plaintiff purchases and uses a product and the company becomes aware of any issues.
Because of these differences, it is important to ensure that victims of injuries consult an attorney before the applicable statutes expire. Michael Ksiazek is a partner at the Stark & Stern's Yardley, PA office and focuses on Accident and Personal Injury Law. Contact him to arrange a no-obligation consultation.
Duty of Care
A duty of care is a duty that a person owes others to exercise reasonable caution when doing something that may foreseeably cause harm. If someone fails to meet a duty of diligence, and someone is injured as a result, this is considered negligence. A person or company has an obligation to care for the public in a variety of situations. This includes doctors who prepare tax returns, accountants making tax returns and store owners removing snow off sidewalks to ensure that people don't fall and injury themselves.
To successfully seek damages in a tort claim it is necessary to prove that the party who injured you owed you an obligation of care, that they breached that duty of care and that their negligence was the direct and proximate cause of your injury. The standard of care is usually established by what other professionals perform in similar situations. If a surgeon performs surgery in the wrong leg it could be deemed to be a breach of duty since other surgeons follow the chart in similar circumstances.
It is also important to note that the standard of care should not be high enough to create a liability that is unlimited for all parties. This is a balance that is carefully scrutinized by juries in jury trials, as well as judges in bench trials.