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What Makes Injury Legal? “Injury legal” is a term used to describe the harm or loss sustained by a person due to another party's negligent or wrongful actions. It is a part of the tort law. The most obvious form of injury is a bodily one, which includes things like whiplash, concussions, and broken bones. It is imperative to seek medical attention for these injuries. Statute of limitations The law sets a deadline called the statute of limitations, within which an individual who has been injured may file a lawsuit. If you do not comply, your claim will be “time-barred” and you won't be able claim compensation for your losses. The details of the statute of limitations differ from state to state and each kind of case has its own specific time frame as well. The “clock” of the statute of limitations usually begins to tick once the accident or incident that caused the injury occurs. There are some exceptions to the standard that may delay the filing of a lawsuit. One of them 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 could have been discovered. This is most commonly seen in situations where the cause is concealed, such as asbestos or certain medical malpractice claims. A minor may also be granted an extra year to file a lawsuit, even when the statute of limitations would typically expire prior to turning 19. Then there is the “tolling” provision that suspends the statute of limitations in certain events or situations such as military service or involuntary mental health obligations. The statute of limitation can be extended in the event of fraudulent misrepresentation or intentional concealment. 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 pay plaintiffs back their losses, and are intended to make them whole again 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 dependent and based on the particular facts of each case. A seasoned personal injury lawyer 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. Your lawyer may call in experts to provide evidence of the extent of your suffering, or to support your claim for emotional distress. Obtaining maximum compensation requires careful documentation of your present and future economic losses. Your attorney will assist in keeping meticulous records of the expenses and financial losses you have incurred, and will also calculate the value of future lost income. This can be a bit complicated and usually involves formulating estimates based on the permanent impairment caused by your injury or disability which requires the assistance of experts. If the defendant has insufficient insurance coverage to pay your claims, you may obtain a civil judgment against them personally. However, this can be difficult if the defendant is a large asset or is a company with multiple assets. Statute of Repose While statutes of limitations and statutes of repose both limit the time that a plaintiff has to file an injury claim There are a few notable distinctions between the two. Statutes are procedural, forward-looking, and substantive. In essence, a statute of repose is a law that sets an exact deadline for when legal actions are barred- without the same exceptions as a statute of limitations. It's common for a statute of repose to be applied to construction defect cases, product liability lawsuits and medical malpractice claims. The biggest difference is that whereas the statute of limitations typically runs when the plaintiff is hurt or becomes aware of their loss the statute of repose typically begins running when an incident triggers it. This is a concern in product liability cases. It can take years before a plaintiff purchases and utilizes a product and the company becomes aware of any flaws. Due to these distinctions, it is important that victims of injury consult an attorney before the statutes that apply to them expire. Michael Ksiazek is a partner at the Stark & Stern's Yardley, PA office and is a specialist in Accident & Personal Injury Law. Contact him now for an initial consultation for no cost. Duty of Care A duty of care is an obligation that a person owes others to exercise reasonable caution in doing anything that could cause harm in the future. If someone fails to comply with a duty and someone is injured as a result, this is considered to be a case of negligence. There are injury law firm nampa where a person or company is obligated to provide care to the public, including accountants and doctors who prepare tax returns and store owners who clear snow and ice from the sidewalks to prevent people from falling and causing injury to themselves. To be able to claim damages in a case of negligence, you must prove that the party who injured you was in a duty of duty, that they breached this obligation and that their breach caused your injury. The standard of care is typically determined by what other doctors would do under similar circumstances. For instance when a doctor performs surgery on the wrong leg, it may be considered a breach in duty because other surgeons working in similar circumstances will likely examine the patient's chart in a correct manner. It is important to note, too, that the standard of care should not be so high that it imposes the same liability to all parties. In jury trials, and in bench trials the balance is assessed by juries and judges.