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What Makes Injury Legal? The term”injury legal” is used to describe the damage or loss an individual suffers of another's negligence or indefensible actions. It falls under the tort law. The most obvious type of injury is a bodily one, which includes things like concussion, whiplash and broken bones. It is essential to seek medical help for these injuries. Statute of limitations The law sets a deadline, known as the statute of limitations, within which an injured party can bring a lawsuit. If you fail to meet the deadline, your claim will be “time-barred” and you won't be able obtain compensation for your losses. The particulars of the statute of limitation vary from state to state and each type of case has its own specific time frame, as well. The “clock” of the statute of limitations usually begins to tick when the accident or incident which caused the injury occurs. There are some exceptions to the rule that can delay the filing of a lawsuit. The discovery rule is one exception. It states that the statute-of-limitations clock does not start until the injury has been identified or should have reasonably been discovered. This is seen most often when conditions are concealed, such as asbestos or certain medical malpractice claims. Another exception is for minors, who have a year from their 18th birthday when they can initiate legal proceedings even when the statute of limitations will normally expire before they reach age 19. There is also the “tolling” provision which suspends the limitations period in certain circumstances and events such as military service or involuntary mental hospitalization. The statute of limitations could be extended for fraud or willful concealment. Damages Damages are a form of compensation that is given to the victim following an incident of negligence or a tort. There are two kinds of damages – punitive and compensatory. Compensatory damages aim to compensate plaintiffs and ensure they are fully compensated after an injury. Punitive damages are intended to punish the defendants for fraud, malicious actions that cause harm, or gross negligence. The amount of damages awarded is subjective and based upon the particular circumstances of each case. A personal injury lawyer who has experience can help you document your entire loss. This increases your chances of obtaining the most money possible. Your lawyer might call in expert witnesses to describe the severity of your pain and suffering, or to prove your claim for emotional distress. To receive the maximum amount of compensation, you need to have thorough documentation of your current and future economic losses. Your attorney will assist with keeping detailed documents of the expenses and financial losses incurred, and also in calculating the value of future lost income. This can be difficult and often involves formulating estimates based on the severity of your injury and its permanent disability that requires the help of experts. If the defendant does not have sufficient insurance to cover your claims, you might be able pursue an injunction against them. This can be difficult unless the defendant is a major corporation or has multiple assets. Statute of Repose There are some distinctions between statutes of limitation and statutes de repose. Both restrict the time the plaintiff has to bring a claim for injury however, there are some similarities. Statutes of limitation are a procedural and forward-looking law statutes of repose are substantive and backward-looking. In short, a statute of repose is a law that imposes an exact deadline for when legal actions are barred- without the same exceptions as a statute of limitations. A statute of repose is usually applied to product liability suits and medical malpractice claims. The most significant difference is that, while the statute of limitations typically starts to run when a plaintiff suffers injury or is aware of their loss and a statute of restraint typically begins to run when an incident triggers it. This can be a problem in product liability cases. injury law firm macon could take a long time before a plaintiff purchases and utilizes a product and the company becomes aware of any issues. Due to these differences, it's important that victims of injury consult with a personal injury lawyer near them prior to when the applicable statutes of limitation and repose statutes run out. Michael Ksiazek, a partner in Stark & Stark’s Yardley office, concentrates on Accident and Injury Law. Contact him today for an initial consultation for no cost. Duty of Care A duty of care is the obligation that one owes to others to exercise reasonable care when doing something which could cause harm. It is usually regarded as negligence when someone fails to meet their duty of care, and someone is injured in the process. There are many instances in which a person or company owes a duty of care to the public, including accountants and doctors who prepare tax returns and store owners removing snow and ice off the sidewalks to prevent people from falling and injuring themselves. To successfully seek damages in a case of tort it is necessary to establish that the party that injured you was bound by the duty of care, that they violated their duty of care and that their breach was the primary and direct cause of your injury. The level of care required is usually established by what other professionals perform in similar situations. If a surgeon is performing surgery in the wrong leg this could be considered a breach of duty, since other surgeons would have take the correct chart under similar circumstances. It is important to keep in mind, too, that the standard of care should not be excessive that it creates the same liability to all parties. This is a balance that is vetted by juries in jury trials, as well as judges in bench trials.