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What Makes Injury Legal? “Injury legal” is a term used to describe the loss or harm suffered by an individual due to an other person's negligent or illegal actions. It falls under the tort law. The most obvious kind of injury is a bodily one, which includes things like whiplash, concussion, and broken bones. It is imperative to seek medical treatment for these injuries. Statute of limitations The law imposes a time limit, called the statute of limitations, within which an injured person can file a lawsuit. If you don't comply, your claim will be “time-barred” and you will not be able claim compensation for your losses. The statute of limitations varies from state to state and 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. However, there are a few exceptions that could extend the time for filing a lawsuit. One of these exceptions is known as the discovery rule which states that the clock for the statute of limitations doesn't begin until the injury is discovered or reasonably should have been discovered. This is most commonly seen when conditions are hidden, such as asbestos or certain medical malpractice claims. A minor may be granted an additional year to file a lawsuit even when the statute of limitations would typically expire before they turn 19. There is also injury lawsuit davie tolling” provision, which suspends the statute of limitations for certain situations or events such as military service or involuntary mental health commitments. The statute of limitations could be extended for fraud or willful concealment. Damages Damages are compensation paid to the victim of a tort (wrongful act). There are two main types of damages: compensatory and punitive. Compensatory damages are intended to compensate the plaintiffs and restore them to their fullness after an injury. Punitive damages are meant to punish defendants for fraud, malicious acts that caused harm, or gross negligence. The amount of damages you are able to claim is extremely subjective and based on the particular facts of each case. A personal injury lawyer with years of experience can help you document your full losses. This increases your chances of receiving the maximum amount possible. For example your lawyer could use experts as witnesses to prove the extent of your pain and suffering and psychological or psychiatric expert witness to strengthen your emotional distress claim. To receive the maximum amount of compensation, you need to have thorough documentation of your present and future economic losses. Your lawyer will help you keep a detailed record of all costs and financial losses you incur in addition to the value of your future income loss. Experts are often required to calculate estimates based on the permanent impairment or disability caused by your injury. If the defendant does not have enough insurance to cover your claims, you might be able to obtain a civil judgment against them. This can be difficult unless the defendant is a large company or has multiple assets. Statute of Repose There are some differences between statutes of limitation and statutes de repose. Both limit the time the plaintiff has to make a claim for injury, but there are also some resemblances. Statutes are procedural, forward-looking and substantive. In short an esoteric sense, a statute or repose is a law which sets the deadline by which legal actions are barred -but without the same exemptions as a statute of limitation. 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 starts to run following an event, whereas the statute of limitations typically begins when the plaintiff is aware of or suffers the loss. This can be an issue in product liability cases for instance, because it can take a long time for a plaintiff to purchase and use a product before the company might have been aware of any defect. 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 repose statutes expire. Michael Ksiazek, a partner in Stark &Stark's Yardley office, concentrates on Accident & Injury Law. Contact him today to arrange free consultation. Duty of Care A duty of care is the obligation that one owes to others to exercise reasonable caution when performing activities that could lead to harm. It is typically regarded as negligent when an individual fails to meet their duty of care, and someone is injured due to the negligence. There are a myriad of circumstances where a person company is obligated to provide care to the public. This includes doctors and accountants preparing taxes and store owners cleaning snow and ice from sidewalks to prevent people from falling and causing injury to themselves. To be able to claim damages in a negligence claim, you must prove that the party who injured you had an obligation of care and acted in breach of this obligation and that their lapse caused your injury. The quality of care is typically determined by what other experts do in similar situations. If a surgeon performs surgery in the wrong place it could be deemed unprofessional conduct, since other surgeons would have read the chart correctly under similar circumstances. It is also important to keep in mind that the standard of care should not be high enough to limit liability to all parties. In jury trials, as well as in bench trials the balance is assessed by juries and judges.