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What Makes Injury Legal? The term injury legal is used to describe the damage or loss an individual suffers as a result from another party's negligent actions or indefensible actions. It falls under the umbrella of tort law. The most obvious damage is a bodily injury that can result in concussions whiplash, and broken bones. It is crucial to seek medical assistance for these injuries. Statute of limitations The law provides the time frame, also known as the statute of limitations in which an injured person is able to file an action. If you don't comply, your claim will be “time-barred” and you will not be able to obtain compensation for your losses. The details of the statute of limitations vary from state to state, and each kind of case has its own specific time frame. The “clock” of the statute of limitations typically starts to tick when an accident or incident which caused the injury occurs. There are some exceptions to the rule that can prolong the time required to file a lawsuit. One such exception is known as the discovery rule which states that the statute of limitations clock does not begin until the injury is discovered or ought to have been discovered. This is usually seen in cases involving hidden conditions, like asbestos exposure or medical malpractice claims. A minor may be granted an additional year to file a lawsuit even when the statute of limitations would typically expire prior to turning 19. There is also the “tolling” provision, which suspends the statute of limitation during certain situations or events such as military service or involuntary mental health commitments. The statute of limitations may be extended for fraud or deliberate concealment. Damages Damages are a form of compensation that is given to the victim following the commission of a wrongdoing or a tort. There are two kinds of damages: punitive and compensatory. Compensatory damages are intended to compensate plaintiffs and to make them whole after an injury. Punitive damages are designed to punish the defendants for fraud, malicious actions that cause harm, or gross negligence. The amount of damage is highly subjective and is based on the particular facts of each case. A personal injury lawyer with experience can assist you with logging 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, your lawyer may use experts to testify about the extent of your suffering and pain and psychologist or psychiatrist expert witness to bolster your claim for emotional distress. Obtaining maximum compensation requires careful documentation of your current and future economic losses. Your lawyer will assist in keeping detailed records of the expenses and financial losses incurred and will also calculate the value of your future loss of income. This can be quite complicated and often involves making estimates based on the severity of your injury and its permanent disability that requires the help of experts. If the defendant is not covered by insurance coverage to pay your claims, you are able to seek a civil judgment against them personally. This isn't always easy unless the defendant is a large company or has multiple assets. Statute of Repose There are some distinctions between statutes of limitation and statutes of repose. Both limit the time a plaintiff can file a claim claiming injury, but there are also certain similarities. Statutes of limitation are a procedural and forward-looking law while statutes of repose are substantive and forward-looking. In a nutshell it's a simple definition: a statute of repose is a law which sets an exact deadline for when legal actions are barredwith the same exceptions as the statute of limitations. A statute of repose is usually applied to construction defect lawsuits, products liability suits and medical malpractice claims. The main distinction is that the statute of limitations typically begins to run when the 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 an issue in product liability cases for instance, since it could take years for a plaintiff to purchase and use a product prior to the company is aware of any flaws. Due to these variations It is crucial to ensure that victims of injuries consult a personal attorney before the statutes that apply to them expire. Michael Ksiazek is a partner at Stark and Stark's Yardley, PA office and focuses on Accident & Personal Injury Law. Contact him for a free consultation. Duty of Care A duty of care is a duty that a person owes others to exercise reasonable care when doing something that could cause harm in the future. If a person fails fulfill a duty of care, and someone is injured due to it, it is deemed to be negligence. There are many instances where a person 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 sidewalks to prevent people from falling and injuring themselves. To be able to claim damages in a negligence case you must prove that the person who injured you was in a duty of duty and acted in breach of this duty of duty and that their lapse caused your injury. The standard of care is usually determined by what other experts do in similar circumstances. For injury lawyer tuscaloosa , if a doctor performs surgery on the wrong leg, it could be considered a breach of duty since other surgeons operating in similar circumstances would most likely read the patient's chart correctly. It is important to keep in mind that the standard of care should not be too high that it imposes the same liability to all parties. This is a balance that is carefully scrutinized by juries in jury trials as well as judges in bench trials.