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What Makes Injury Legal? The term “injury legal” is used to describe the loss or harm suffered by an individual as a result of an individual's negligent or unlawful actions. It falls under tort law. The most obvious kind of injury is one that's bodily that includes things like whiplash, concussion, and broken bones. These injuries should be treated by medical professionals. Statute of limitations The law establishes a deadline, called the statute of limitations within which an individual who has been injured may file a lawsuit. If you don't comply with the statute of limitations, your claim is “time-barred” and you won't be able to get compensation for your losses. The time period for the statute of limitations differs from state to state and also depending on the type of case. The statute of limitations “clock” typically begins ticking when the accident or incident that resulted in injury occurs. There are a few exceptions to the rule, which can delay the filing of a lawsuit. One such exception is known as the discovery rule which states that the clock for the statute of limitations is not set until the injury is discovered or reasonably could have been discovered. This is most commonly seen when conditions 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 the age of 19. There is also the “tolling” provision, which suspends the statute of limitation during certain events or circumstances like military service or involuntary mental health commitments. The statute of limitations can be extended for fraud or deliberate concealment. Damages Damages are compensation paid to the victim of an offense (wrongful act). There are two types of damages – punitive and compensatory. Compensation damages compensate plaintiffs for their losses and aim to restore their health after an injury, while punitive damages punish the defendant for fraud, an ill-intentional act that caused harm or reckless negligence. The amount of damages awarded is subjective and based on the specific circumstances of each case. An experienced personal injury attorney will assist you in documenting the extent of your losses. This increases your chances of obtaining the maximum amount of compensation that you are able to. Your lawyer can call experts to testify about the severity of your suffering or to support your claim for emotional distress. To receive the highest amount of compensation, you must record your losses now and in the future. Your lawyer will assist in keeping meticulous documents of the expenses and financial losses incurred, and also in calculating the value of your future loss of income. injury law firm huntsville are often required to determine estimates based on the permanent impairment or disability resulting from your injury. If the defendant's insurance coverage is inadequate, insurance coverage to pay your claims, you may get a civil judgement against them personally. However, this could be very difficult unless the defendant has significant assets or is a company with multiple assets. Statute of Repose While statutes of limitations and statutes of repose limit the amount of time that a plaintiff has to file a lawsuit however, there are some significant distinctions between the two. Statutes are procedural, forward-looking, and substantive. A statute of repose, as it's known is a law that specifies a timeframe within which legal action is not allowed – without the exceptions as a statute of limitations provide. A statute of repose is typically applied to construction defect lawsuits, products liability suits and medical malpractice claims. The most significant difference is that, while the statute of limitations usually runs when the plaintiff is injured or learns of their loss and a statute of restraint generally begins to run when an incident triggers it. This can be a problem in cases involving product liability for instance, since it could take years for the plaintiff to purchase and use a product, even before the company is aware of any defects. Due to these distinctions, it's important that victims of injury consult with a personal injury lawyer 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 focuses on Accident and Personal Injury Law. Contact him now for free consultation. Duty of Care A duty of care is a duty one owes to others to exercise reasonable care when doing something that may be predicted to cause harm. It is generally regarded as negligence when a person fails perform their duty of care, and someone is injured due to the negligence. A business or individual has the obligation of care to the public in many instances. This includes doctors who prepare tax returns, accountants working on tax returns, and store owners clearing snow off sidewalks to ensure that people don't slip and injury themselves. To successfully seek damages in a case of tort you must show that the person who injured you had a duty of care, that they violated their duty of care and that their negligence was the primary and most direct reason for your injury. The quality of care is typically determined by what other professionals apply in similar circumstances. For instance the case where a physician performs surgery on the wrong leg, it may be deemed a breach of duty because other surgeons under similar circumstances could read the patient's chart correctly. It is also important to note that the standard of care should not be so high that it could make it impossible to impose liability on all parties. It is a balance that is carefully scrutinized by juries in jury trials, as well as judges in bench trials.