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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 actions. It falls under tort law. The most obvious accident is a bodily affliction that includes concussions, whiplash, fractured bones, and whiplash. It is crucial to seek medical assistance for these injuries. Statute of limitations The law establishes a deadline, called the statute of limitations, within which an individual who has been injured may make a claim. If you don't comply with the statute of limitations, your claim will be “time-barred” and you will not be able to obtain compensation for your losses. The time-limit for claims varies from state to state, and also depending on the type of case. The “clock” of the statute of limitations usually begins to tick when the accident or incident which caused the injury occurs. There are a few exceptions to the standard that may extend the time for filing a lawsuit. The discovery rule is an exception. It states that the clock for the statute of limitations will not begin until the injury has been discovered or should have reasonably been discovered. This is typically seen in cases where conditions are concealed, such as asbestos or certain medical malpractice claims. A minor can also be granted an extra year to file a lawsuit even when the statute of limitations would typically expire before they turn 19. Then there is the “tolling” provision that suspends the statute of limitation during certain events or situations such as military service or involuntary mental health obligations. The statute of limitations can be extended for fraudulent misrepresentation or intentional concealment. Damages Damages are the amount of compensation that is paid to the victim of an act of tort (wrongful act). There are two kinds of damages – compensatory and punitive. Compensatory damages compensate plaintiffs for their losses and aim to restore their health after an injury, whereas punitive damages are intended to punish the defendant for fraud, a malicious act that caused harm or gross negligence. The amount of damages awarded is highly subjective and based on the unique circumstances of each case. A personal injury lawyer with experience will assist you in capturing the full extent of your losses. This will improve your chances of obtaining the maximum amount of compensation that you are able to. For example the lawyer might use experts to testify on the severity of your pain and suffering and psychological or psychiatric expert witness to back up your emotional distress claim. To get the maximum compensation, you must carefully document your current and future losses. Your lawyer will assist you to keep detailed records of expenses and financial loss incurred and the value of the future loss of income. This can be a bit complicated and often involves calculating estimates based on the severity of your injury and its permanent disability and requires the assistance of experts. If the defendant does not have enough insurance coverage to pay your claims, then you can obtain a civil judgment 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 both limit the time that a plaintiff has to file an injury claim There are a few notable differences between the two. injury law firm amarillo are procedural, forward-looking and substantive. In simple terms, a statute of repose is a law that imposes an exact deadline for when legal actions are barred- without the same exceptions as the statute of limitations. It is common for statutes of repose to be applied to construction defect cases, products liability lawsuits and medical malpractice claims. The main difference is that a statute begins to run following an event, whereas the statute of limitations usually starts when the plaintiff discovers or suffers an injury. This can be a problem in cases involving product liability. It could take several years before a plaintiff purchases and uses a product and the company is aware of any defects. Because of these differences due to these differences, it is crucial for injured victims to speak with a personal injury lawyer close to them before the applicable statutes of limitations and statutes of repose expire. Michael Ksiazek is a partner at the Stark & Stern's Yardley, PA office and is focused on Accident & Personal Injury Law. Contact him today to arrange no-cost consultation. Duty of Care A duty of care is the obligation that people owe others to exercise reasonable care when doing something that could lead to harm. If someone fails to meet a duty of diligence, and someone is injured due to it, it is deemed to be negligence. A company or person has a duty of caring to the public in many situations. This includes doctors preparing tax returns, accountants who prepare tax returns, and store owners clearing snow off sidewalks to ensure that people do not fall and hurt themselves. To be able to claim damages in a negligence case, you must prove that the person who injured you was an obligation of care and acted in breach of this duty of duty and that their negligence caused your injury. The standard of care is typically determined by what other professionals do in similar situations. For example, if a doctor performs surgery on the wrong leg, it may be considered a breach in duty because other surgeons under similar circumstances could be able to read the patient's record correctly. It is important to remember that the standard of care should not be so high as to create a liability that is unlimited for all parties. In jury trials, and in bench trials, the balance is carefully assessed by juries and judges.