What Makes Injury Legal?
The term"injury legal" is used to describe the damage, loss or damage that an person suffers from the negligence of another person's or wrongful actions. It falls under tort law.
The most obvious accident is a bodily affliction that can result in concussions whiplash, and fractured bones. It is important to seek medical help for these injuries.
Statute of Limitations
The law sets a timeframe, known as the statute of limitations within which an injured party can file a lawsuit. If you don't comply, your claim will be "time-barred" and you will not be able obtain compensation for your losses. The time period for the statute of limitations differs from state to state and according to the type of case.
The "clock" of the statute of limitations typically begins to tick once the accident or incident that caused the injury occurs. There are a few exceptions to the rule, which can delay the filing of a lawsuit. The discovery rule is one such exception. It states that the clock for the statute of limitations will not begin until the injury has been discovered or ought to have been discovered. This is usually seen in situations where the cause is concealed, such as asbestos or certain medical malpractice claims.
A minor can be granted an additional year to file a lawsuit, even though the statute would normally expire before they turn 19. Then there is the "tolling" provision that suspends the statute of limitation during certain events or circumstances like military service or involuntary mental health commitments. The statute of limitations may be extended for fraud or deliberate concealment.
injury attorney macon are the amount of compensation that is paid to the victim of the tort (wrongful act). There are two types of damages - punitive and compensatory. Compensatory damages are meant to compensate plaintiffs for their losses and are intended to help them recover after an accident, whereas punitive damages punish a defendant for fraud, a devious act that caused harm or reckless negligence.
The amount of damages you are able to claim is highly subjective, and is based on each case's unique facts. A seasoned personal injury lawyer can assist you in determining the full extent of your losses. This will increase your odds of receiving the highest amount of compensation you can get. For instance, your lawyer may use expert witnesses to testify on the severity of your pain and suffering as well as a psychologist or psychiatrist expert witness to back up your claim for emotional distress.
To get the maximum amount of compensation, you must have careful documentation of your current and future economic losses. Your lawyer will assist in keeping detailed notes of your expenses and financial losses you have incurred, and also in calculating the value of future lost income. This can be a bit complicated and often requires the calculation of estimates based upon the severity of your injury and its permanent disability and requires the assistance of experts.
If the defendant doesn't have sufficient insurance to cover your claims, then you might be able pursue a civil lawsuit against them. This can be a challenge unless the defendant is a large corporation or has multiple assets.
Statute of Repose
While statutes of limitations and statutes of repose both restrict the time that a plaintiff has to file a claim for injury, there are some notable distinctions between the two. Statutes of limitation are procedural and forward-looking, whereas statutes of repose are substantive and retro-looking.
A statute of repose, in short it is a law that sets a deadline after which legal action is prohibited - with the same limitations that a statute limitations would provide. A statute of repose is usually used in product liability suits, and medical malpractice claims.
The biggest difference is that, while the statute of limitations generally begins to run when the plaintiff is hurt or becomes aware of their loss however, a statute of repose typically begins running when an incident triggers it. This can be a challenge in product liability cases. It could take a long time before a plaintiff purchases and uses a product, and the company becomes aware of any flaws.
Due to these differences, it's important for victims of injuries to speak with a personal injury attorney close to them before the applicable statutes of limitation and repose statutes run out. Michael Ksiazek, a partner in the Stark & Stark's Yardley office, focuses on Accident & Injury Law. Contact him today for a no-obligation consultation.
Duty of Care
A duty of care is the obligation one owes to others to exercise reasonable care when performing actions which could cause harm. If a person fails to perform a duty of care and someone is injured as a result, this is deemed to be negligence. There are a variety of situations in which a person or company owes a duty of care to the public, such as accountants and doctors preparing tax returns and store owners who clear snow and ice off sidewalks to stop people from falling and hurting themselves.
To successfully claim damages in a tort lawsuit it is necessary to show that the person who injured you had a duty of care, and that they breached their duty of care, and that their negligence was the sole and primary cause of your injuries. The norm of care is usually determined by what other doctors would do in similar situations. For instance 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 the same circumstances would likely be able to read the patient's record correctly.
It is also important to remember that the standard of care should not be so high that it could limit liability to all parties. It is a balance which is carefully scrutinized by juries in jury trials, as well as judges in bench trials.