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What Makes Injury Legal? The term injury legal is used to describe the damage or loss an individual suffers from another party's negligent actions or wrongful conduct. It falls under the tort law. The most obvious form of injury is one that is bodily which includes things such as concussion, whiplash and broken bones. It is essential to seek medical help for these injuries. Statute of Limitations The law establishes an expiration date, known as the statute of limitations within which an injured person has the option of filing an action. If you fail to comply with the statute of limitations, your claim will be “time-barred” and you will not be able to claim compensation for your losses. The time period for the statute of limitations differs from state to state and by type of case. The “clock” of the statute of limitations typically starts ticking when the accident or incident that caused the injury occurs. However, there are many exceptions that could prolong the time to file an action. One of these exceptions is known as the discovery rule, which states that the clock for the statute of limitations cannot begin until the injury is discovered or ought to have been discovered. This is typically 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 the age of 19. There is also the “tolling” provision which suspends the limitations period in certain circumstances and events like military service and involuntary mental hospitalization. Then, there's the statute of limitations extension for fraud or willful false representation. Damages Damages are compensation that is paid to the victim after an act of wrongdoing or tort. There are two types of damages: punitive and compensatory. Compensatory damages aim to compensate plaintiffs and make them whole after an injury. Punitive damages are meant to penalize defendants for fraud, malicious acts that caused harm, or gross negligence. The amount of damages is highly subjective, and is based on the unique circumstances of each individual case. A personal injury lawyer who has experience can assist you in documenting your full losses. This increases your odds of receiving the maximum amount possible. Your lawyer could call in expert witnesses to describe the severity of your pain and suffering or to back up your claim for emotional distress. Obtaining maximum compensation requires careful documentation of your current and future economic losses. injury claim chino will help you keep detailed records of expenses and financial losses incurred and the value of your future income loss. Experts are often required to calculate estimates based upon the permanent impairment or disability resulting from your injury. If the defendant does not have sufficient insurance to cover your claims, you could be able to obtain a civil lawsuit against them. This can be extremely difficult unless the defendant is a large asset or is a corporation with multiple assets. Statute of Repose There are some differences between statutes of limitation and statutes de repose. Both limit the time a plaintiff is able to make a claim for injury, but there are also some commonalities. Statutes are procedural, forward-looking, and substantive. In a nutshell the simplest terms, a statute of repose is a law which sets a hard deadline after which legal actions are barredwithout the same exceptions as a statute of limitation. It is typical for a statute of repose to be applied to cases involving construction defects, products liability lawsuits as well as medical malpractice claims. The biggest difference is that, while a statute of limitations typically begins to run when the plaintiff suffers harm or discovers their loss and a statute of restraint usually begins to run when an incident triggers it. This is a concern in product liability cases for instance, as it could take a long time for a plaintiff to purchase and use a particular product before the company was aware of any defects. Because of these differences due to these differences, it is crucial for victims of injuries to speak with a personal injury lawyer near them prior to when the applicable statutes of limitation and repose statutes run out. Michael Ksiazek is a partner at Stark & Stark's Yardley, PA office and concentrates on Accident and Personal Injury Law. Contact him for a no-obligation consultation. Duty of Care A duty of care is an obligation that a person owes others to exercise reasonable care in doing anything that could be expected to cause harm. When a person fails to meet a duty of diligence and suffers injury as a result, this is considered to be negligence. There are many situations in which a person or company owes a duty of care to the public, including accountants and doctors preparing tax returns and store owners clearing snow and ice from sidewalks to prevent people from falling and hurting themselves. To successfully claim damages in a tort lawsuit, you will need to prove that the party who injured you owed you the duty of care, and that they breached that duty of care, and that their breach was the direct and proximate cause of your injuries. The standard of care is usually established by what other medical professionals would do in similar situations. For instance, if a doctor performs surgery on the wrong leg, it may be considered a breach of duty because other surgeons under 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 no limit on liability for all parties. This is a balance that is carefully reviewed by juries in jury trials and judges in bench trials.