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What Makes Injury Legal? Legal injury is a term used to describe the loss or harm that an individual suffers due to the negligence or wrongdoing of another's actions. It falls under the umbrella of tort law. The most obvious injury is a bodily injury that includes concussions, whiplash, fractured bones, and whiplash. It is crucial to seek medical assistance for these injuries. Statute of Limitations The law establishes the time frame, also known as the statute of limitations that an injured person can file an action. If you fail to comply with the law, your claim will be “time-barred” and you will not be able obtain compensation for your losses. The particulars of the statute of limitations differ from state to state, and each kind of claim has its own particular time frame as well. The statute of limitations “clock” generally starts to tick at the point that the accident or incident causing injury occurs. However, there are several exceptions that could extend the time to file a lawsuit. The discovery rule is an exception. It states that the statute-of-limits clock will not begin until the injury has been identified or should have reasonably been discovered. injury law firm chula vista is seen most often in cases where injuries are hidden, such asbestos or certain medical malpractice claims. A minor can also be granted an extra year to file a lawsuit, even though the statute would normally expire before turning 19. There is also the “tolling” provision, which suspends the statute of limitation during certain events or situations such as military service, or involuntary mental health obligations. There is also the statute of limitations extension in the event of willful concealment or fraud. deception. Damages Damages are a form of compensation that is given to the victim in the aftermath of a tort or wrongdoing. There are two types of damages: punitive and compensatory. Compensatory damages are intended to compensate plaintiffs and to make them whole after an injury. Punitive damages are intended to punish defendants for fraudulent acts, devious acts that caused harm, or gross negligence. The amount of damages awarded is highly subjective and is based on the particular circumstances of each case. A seasoned personal injury lawyer can assist you in determining the totality of your losses. This increases your chances of obtaining the highest amount possible. Your lawyer can call experts to explain the extent of your pain and suffering, or to support your claim for emotional distress. To receive the most compensation, you must carefully record your current and future losses. Your attorney will assist you keep a detailed record of all expenses and financial loss incurred as well as the amount of the future loss of income. Experts are often required to calculate estimates based upon the permanent impairment or disability resulting from your injury. If the defendant has insufficient insurance coverage to cover your claims, you can obtain a civil judgment against them personally. However, this can be extremely difficult unless the defendant is a large asset or is a corporate entity with multiple assets. Statute of Repose There are some distinctions between statutes of limitation and statutes de repose. Both restrict the time a plaintiff is able to file a claim claiming injury however, there are some similarities. Statutes of limitation are a procedural and forward-looking law, whereas statutes of repose are substantive and retro-looking. A statute of repose, or in other words it's a law that specifies a timeframe that must be met before legal action is closed – without the limitations that a statute limitations have. A statute of repose is typically applied to lawsuits involving construction defects, products liability suits and medical malpractice claims. The most notable distinction is that a statute of limitations typically begins to run when the plaintiff is hurt or becomes aware of their loss however, a statute of repose generally begins to run when an event triggers it. This could be a problem in cases involving product liability for instance, because it can take a long time for a plaintiff to purchase and use a product before the company is aware of any defects. Because of these differences, it is important that injury victims consult with an attorney prior to the statutes that apply to them expire. Michael Ksiazek is a partner at the Stark & Stern's Yardley, PA office and is focused on Accident and Personal Injury Law. Contact him today for a free consultation. Duty of Care A duty of care is the obligation individuals owe to others to exercise reasonable care when doing something that could lead to harm. If a person fails comply with a duty and a person is injured as a result, this is considered to be negligence. A person or company has the obligation of care to the public in many situations. This includes doctors preparing tax returns, accountants working on tax returns, and store owners clearing snow from sidewalks so that people don't fall and injury themselves. In order to successfully claim damages in a tort claim, you will need to prove that the party who injured you was bound by the duty of care, and that they violated that duty of care and that their breach was the primary and direct cause of your injury. The standard of care is typically determined by what other experts do in similar situations. For example the case where a physician performs surgery on the wrong leg, it may be considered a breach in duty because other surgeons working in the same circumstances would likely have read the patient's medical chart correctly. It is also important to note that the standard of care cannot be so high that it will limit liability to all parties. It is a balance that is carefully scrutinized by juries in jury trials, as well as judges in bench trials.