What Makes Injury Legal?
Injury legal is a term used to describe the loss or damage sustained by a person as a result of an individual's negligent or unlawful actions. It falls under the umbrella of tort law.
The most obvious harm is a bodily that can result in concussions whiplash, and broken bones. It is important to seek medical attention for these injuries.
Statute of Limitations
The law imposes a time limit, called the statute of limitations that an injured person has the option of filing a lawsuit. Failure to file a lawsuit will result in the claim being "time barred" and the party who was injured will not be able to recover compensation for their losses. The details of the statute of limitations can differ from state to state and each kind of case has its own time period as well.
The "clock" of the statute of limitations usually begins to tick once the incident or accident that caused the injury occurs. There are a few exceptions to the rule that could extend the time to file a lawsuit. One such exception is known as the discovery rule which states that the clock for the statute of limitations does not begin until the injury is discovered or could have been discovered. This is most commonly encountered in cases involving concealed circumstances, such as asbestos exposure or medical malpractice claims.
Another exception is for minors who have one year from the age of 18 to start lawsuits, even although the statute of limitations would normally run before they reach age 19. There is also the "tolling" provision, which allows the limitations period to be suspended during certain circumstances such as military service or involuntary mental hospitalization. The statute of limitations can be extended for fraudulent misrepresentation or intentional concealment.
Damages
Damages are compensation given to the victim following the commission of a wrongdoing or a tort. There are two types of damages: punitive and compensatory. Compensation damages are designed to compensate the plaintiffs and to make them whole after an injury. Punitive damages are intended to punish the defendants for fraud, malicious acts that caused harm, or for gross negligence.
The amount of damages awarded is highly subjective and based upon the specific circumstances of each case. An experienced personal injury attorney can assist you in determining the totality of your losses. injury lawsuit nashville will increase your chances of receiving the highest amount of compensation possible. For instance your lawyer could use experts as witnesses to prove the severity of your pain and suffering or a psychological or psychiatric expert witness to bolster your emotional distress claim.
Obtaining maximum compensation requires careful documentation of your present and future economic losses. Your lawyer will assist you in keeping meticulous records of the expenses and financial losses that you incur, and also in calculating the value of any future loss of income. This can be a bit complicated and usually involves the calculation of estimates based upon your injury's permanent impairment or disability, which requires the assistance of experts.
If the defendant doesn't have enough insurance to cover your claims, you might be able pursue a civil lawsuit against them. However, this can be difficult if the defendant is a large asset or is a business with multiple assets.
Statute of Repose
While statutes of limitations and statutes of repose restrict the time a plaintiff must wait to file a claim for damages, there are some notable differences between the two. Statutes of limitation are a procedural and forward-looking law while statutes of repose are substantive and retro-looking.
In short an esoteric sense, a statute or repose is a law that establishes an exact deadline for when legal actions are barred -but without the same exemptions as a statute of limitation. A statute of repose can be applied to construction defect lawsuits, products liability suits, and medical malpractice claims.
The most significant difference is that while the statute of limitations typically starts to run when a plaintiff is hurt or becomes aware of their loss however, a statute of repose usually begins to run when an event triggers it. This is a concern in cases involving product liability. It could take a long time before a plaintiff buys and uses a product and the company becomes aware of any flaws.
Due to these differences, it's important for injury victims to consult with a personal injury attorney close to them before the applicable statutes of limitation and repose statutes expire. Michael Ksiazek is a partner at the Stark & Stern's Yardley, PA office and focuses on Accident & Personal Injury Law. Contact him now for free consultation.
Duty of Care
A duty of care is the obligation that one owes to others to exercise reasonable care when performing activities that could result in harm. It is generally considered negligence when someone fails to comply with their obligation of care, and someone is injured in the process. A person or company has a duty of caring to the public in many instances. This includes doctors who are preparing tax returns, accountants who prepare tax returns, and store owners clearing snow off the sidewalks so that people do not fall and injury themselves.
In order to successfully claim damages in a case of tort it is necessary to show that the person who injured you had a duty of care, that they breached that duty of care, and that their breach was the direct and proximate reason for your injury. The standard of care is typically established by what other professionals apply in similar circumstances. For instance when a doctor performs surgery on the wrong leg, it could be deemed a breach of duty because other surgeons under similar circumstances would most likely have read the patient's medical chart correctly.
It is also important to note that the standard of care cannot be so high as to limit liability to all parties. It is a balance which is carefully scrutinized by juries in jury trials, as well as judges in bench trials.