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What Makes Injury Legal? Injury legal is a term used to define the harm or loss suffered by an individual as a result of an other person's negligent or illegal actions. It falls under the tort law. The most obvious accident is a bodily affliction which can include concussions whiplash, and fractured bones. It is crucial to seek medical attention for these injuries. Statute of Limitations The law provides an amount of time, referred to as the statute of limitations, within which an injured person has the option of filing a lawsuit. Failure to comply with this deadline will result in the claim being “time barred” and the injured party will not be able to claim compensation for their losses. The particulars of the statute of limitations can differ between states, and each type of instance has its own distinct time frame. The statute of limitations “clock” typically starts ticking at the point that the accident or incident causing injury occurs. However, there are a few exceptions that may extend the time to file a lawsuit. The discovery rule is a prime exception. It states that the clock for the statute of limitations is not set until the injury has been discovered or should have reasonably been discovered. This is most commonly seen in cases where injuries are concealed, such as asbestos or certain medical malpractice claims. A minor can also be granted an extra year to file a lawsuit, even although the statute would usually expire before they turn 19. There is also the “tolling” provision, which extends the limitation period for certain events and situations including military service and involuntary mental hospitalization. Then, there's the statute of limitations extension for willful concealment or falsification. 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 types of damages: compensatory and punitive. Compensatory damages are meant to compensate the plaintiffs and to make them whole after an injury. Punitive damages are used to penalize defendants for fraud, malicious actions that caused harm or gross negligence. The amount of damages awarded is highly subjective and based upon the unique circumstances of each case. A seasoned personal injury lawyer can assist you in documenting the full extent of your losses. This will increase your chance 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. In order to maximize compensation, you need to take care in the documentation of your current and future economic losses. Your attorney will assist with keeping detailed documents of the expenses and financial losses incurred and will also calculate the value of future lost income. Experts are often required to calculate estimates based upon the permanent impairment or disability caused by your injury. If the defendant doesn't have enough insurance to cover your claims, you could be able pursue a civil judgement against them. However, this could be difficult if the defendant has a substantial amount of assets or is a company with multiple assets. Statute of Repose There are some distinctions between statutes of limitation and statutes de repose. Both restrict the time that a plaintiff can make a claim for injury however, there are some resemblances. Statutes are procedural, forward-looking, and substantive. In essence, a statute of repose is a law that sets an absolute deadline within which legal actions are barred — without the same exceptions as the statute of limitations. injury case round rock is typical for a statute of repose to be applied to cases involving construction defects, products liability lawsuits as well as medical malpractice claims. The most significant difference is that whereas the statute of limitations usually runs when the plaintiff suffers harm or discovers their loss the statute of repose typically begins to run when an incident triggers it. This could be a problem in product liability cases. It could take several years before a plaintiff purchases and uses a product and the company becomes aware of any issues. Due to these differences It is essential for injury victims to consult with a personal injury attorney close to them before the applicable statutes of limitation and statutes of repose expire. Michael Ksiazek is a partner at Stark and Stark's Yardley, PA office and concentrates on Accident & Personal Injury Law. Contact him for a free consultation. Duty of Care A duty of care is the obligation individuals owe to others to use reasonable caution when doing things that could lead to harm. When a person fails to fulfill a duty of care and suffers injury because of it, this is deemed to be negligence. A business or individual has a duty of caring to the public in many situations. This includes doctors who prepare tax returns, accountants who prepare tax returns, and store owners clearing snow off sidewalks to ensure that people don't get hurt themselves. To be able to claim damages in a negligence case you must prove that the person who injured you was in obligations to you and acted in breach of this duty duty and that their breach caused your injury. The quality of care is typically determined 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 working in similar circumstances could examine the patient's chart in a correct manner. It is also important to remember that the standard of care can't be high enough to make it impossible to impose liability on all parties. In jury trials, as well as in bench trials, the balance is carefully assessed by juries and judges.