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What Makes Injury Legal? The term “injury legal” is used to describe the loss or harm that a person suffers as a result of another party's negligent or wrongful actions. It is a part of tort law. The most obvious injury is a bodily injury that can result in concussions whiplash, and broken bones. These injuries must be treated by an experienced medical professional. Statute of Limitations The law sets a deadline, called the statute of limitations within which a person injured can start a lawsuit. If you fail to meet the deadline, your claim will be “time-barred” and you won't be able to claim compensation for your losses. The details of the statute of limitations can differ from state to state, and each type of case has its own specific time frame, as well. The “clock” of the statute of limitations typically begins to tick when the accident or incident which caused the injury occurs. However, there are a few exceptions that can extend the time required to file an action. One such exception is known as the discovery rule, which states that the clock of statute of limitations is not set until the injury is discovered or reasonably ought to have been discovered. This is often seen in cases involving hidden conditions, like asbestos exposure 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, which suspends the statute of limitations during certain situations or events such as military service or involuntary mental health commitments. In addition, there is the extension of the statute of limitations for willful concealment or fraudulent deception. Damages Damages are compensation paid to the victim of an act of tort (wrongful act). There are two kinds of damages – punitive and compensatory. Compensatory damages compensate plaintiffs for their losses and aim to restore them following an injury, whereas punitive damages punish a defendant for fraud, a wrongful act that caused harm or gross negligence. The amount of damages is extremely subjective and based on the specific facts of each case. A personal injury lawyer with years of experience can assist you in documenting your losses in full. This will increase your chances of obtaining the maximum amount of compensation possible. For example your lawyer could employ expert witnesses to testify on the extent of your pain and suffering and psychologist or psychiatrist expert witness to bolster your claim for emotional distress. In order to receive the maximum amount of compensation, you must document your current and future losses. Your attorney will assist you keep a detailed record of your expenses and financial losses incurred and the value of the future loss of income. Experts are often required to determine estimates based on the permanent impairment or disability that results from your injury. If the defendant does not have enough insurance coverage to pay your claims, you are able to get a civil judgement against them personally. This isn't always easy unless the defendant is a major corporation or has multiple assets. Statute of Repose While statutes of limitations and statutes of repose restrict the time a plaintiff has to file a lawsuit 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 which sets a hard deadline after which legal actions are barredwithout the same exceptions as a statute of limitations. It is common for statutes of repose to apply to cases involving construction defects, products liability lawsuits, as well as medical malpractice claims. The main difference is that while a statute of limitations typically runs when the plaintiff is hurt or becomes aware of their loss however, a statute of repose typically begins to run when an incident triggers it. This is a concern in cases involving product liability. It could take several years before a plaintiff buys and utilizes a product and the company is aware of any flaws. Because of these differences due to these differences, it is imperative that injured victims consult an attorney prior to the statutes that apply to them expire. Michael Ksiazek, a partner in the Stark & Stark's Yardley office, focuses on Accident and Injury Law. Contact him now for free consultation. Duty of Care A duty of care is an obligation one owes to others to exercise reasonable care in doing anything that could be expected to cause harm. If a person fails fulfill a duty of care and suffers injury due to it, it is considered to be negligence. A company or person has an obligation of care towards the public in many instances. injury claim wichita includes doctors who are preparing tax returns, accountants who prepare tax returns and store owners removing snow off sidewalks to ensure that people don't fall and injury themselves. To successfully claim damages in a tort lawsuit it is necessary to establish that the party that injured you was owed a duty of care, that they violated their duty of care, and that their negligence was the primary and direct reason for your injury. The norm of care is usually determined by what other experts would do under similar circumstances. If a surgeon makes a surgical procedure in the wrong leg it could be deemed a breach of duty, since other surgeons read the chart correctly under similar circumstances. It is important to remember 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 reviewed by juries in jury trials, as well as judges in bench trials.