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What Makes Injury Legal? The term”injury legal” is used to describe the harm, 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 form of injury is one that is bodily which includes things such as whiplash, concussion, and broken bones. These injuries must be treated by medical professionals. Statute of limitations The law imposes an expiration date, known as the statute of limitations, within which an injured person has the option of filing a lawsuit. If you don't comply, your claim will be “time-barred” and you won't be able to get 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 starts to tick when an incident or accident that caused the injury occurs. There are some exceptions to the rule that could delay the filing of a lawsuit. The discovery rule is a prime exception. It states that the statute-of-limitations clock does not start until the injury has been discovered or should have reasonably been discovered. This is typically encountered in cases involving concealed issues, such as asbestos exposure or medical malpractice claims. Another exemption is for minors who have a year following their 18th birthday to begin litigation, even when the statute of limitations will normally expire before they reach the age of 19. Then there is injury attorney dearborn tolling” provision that suspends the statute of limitations during certain events or circumstances like military service or involuntary mental health commitments. The statute of limitation can be extended in the event of fraudulent misrepresentation or willful concealment. Damages Damages are the compensation paid to the victim in the aftermath of a tort or wrongdoing. There are two kinds of damages: compensatory and punitive. Compensatory damages aim to compensate the plaintiffs and ensure they are fully compensated after an injury. Punitive damages are used to punish defendants for fraud, malicious actions that cause harm, or gross negligence. The amount of damages awarded is subjective and is 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 will increase your chances of receiving the highest amount of compensation that you are able to. Your lawyer could call in experts to provide evidence of the severity of your suffering or to back up your claim for emotional distress. In order to receive the maximum amount of compensation, you must document your losses now and in the future. Your lawyer will assist you to keep meticulous records of the expenses and financial loss incurred as well as the amount of your lost income in the future. This can be difficult and often involves formulating estimates based on your injury's permanent impairment or disability and requires the assistance of experts. If the defendant doesn't have sufficient insurance to cover your claims, you could be able to obtain a civil judgement against them. This can be difficult unless the defendant is a large corporation or has multiple assets. Statute of Repose There are some differences between statutes of limitation and statutes de repose. Both restrict the time that a plaintiff is able to bring a claim for injury, but there are also certain similarities. Statutes are procedural, forward-looking and substantive. A statute of repose, also known as a statute, is a law which establishes a time frame within which legal action is prohibited – with the same limitations that a statute limitations would provide. A statute of repose is often applied to lawsuits involving construction defects, products liability suits, and medical malpractice claims. The major difference is that a statute starts to run after an event, while the statute of limitations usually starts when the plaintiff discovers or suffers the loss. This can be a problem in product liability cases. It could take several years before a plaintiff buys and utilizes a product and the company is aware of any flaws. Due to these differences in the law, it is essential that injury victims consult with a personal attorney before the statutes that apply to them expire. Michael Ksiazek is a partner at the firm of Stark & Stark's Yardley, PA office and concentrates on Accident & Personal Injury Law. Contact him for a free consultation. Duty of Care A duty of care is the obligation people owe others to use reasonable caution when doing things which could cause harm. If someone fails to comply with a duty and suffers injury because of it, this is considered to be a case of negligence. There are many situations where a person business is responsible for providing care to the public, including accountants and doctors preparing tax returns and store owners removing snow and ice off the sidewalks to prevent people from falling and causing injury to themselves. To successfully seek damages in a tort case, you will need to prove that the party who injured you was bound by the duty of care, and that they violated that duty of care, and that their negligence was the primary and direct cause of your injury. The standard of care is typically determined by what other doctors would do under similar circumstances. For example the case where a physician performs surgery on the wrong leg, it could be considered a breach in duty because other surgeons under similar circumstances will likely read the patient's chart correctly. It is also important to note that the standard of care cannot be so high that it could impose unlimited liability on all parties. This is a balance that is carefully scrutinized by juries in jury trials as well as judges in bench trials.