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What Makes Injury Legal? The term”injury legal” is used to describe the harm, loss or damage that an individual suffers as a result of another's negligence or indefensible actions. It falls under the tort law. The most obvious kind of injury is a bodily one, which includes things like concussion, whiplash and broken bones. These injuries should be treated by medical professionals. Statute of limitations The law sets a timeframe, called the statute of limitations within which a person injured can bring a lawsuit. Failure to file a lawsuit will result in the claim being “time barred” and the person who was injured cannot recover compensation for their losses. The time period for the statute of limitations differs from state to state and also by type of case. The “clock” of the statute of limitations typically starts ticking when the incident or accident that caused the injury occurs. There are some exceptions to the rule that could extend the time for filing 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 usually seen in cases involving hidden issues, such as asbestos exposure or medical malpractice claims. Another exception is for minors, who have a year from their 18th birthday to initiate legal proceedings even although the statute of limitations usually runs before they reach age 19. There is also the “tolling” provision, which suspends the limitations period in certain events and situations, such as military service or involuntary mental hospitalization. The statute of limitations could be extended for fraud or deliberate concealment. Damages Damages are compensation paid to the victim of a tort (wrongful act). There are two basic types of damages: compensatory and punitive. Compensatory damages pay plaintiffs back their losses and aim to restore their health following an injury, whereas punitive damages penalize the defendant for fraud, a wrongful act that caused harm, or gross negligence. The amount of damages awarded is subjective and based upon the specific circumstances of each case. An experienced personal injury attorney can help you document the complete extent of your losses. This will increase your odds of obtaining the maximum amount of compensation possible. Your lawyer might call in experts to explain the extent of your suffering, or to prove your claim for emotional distress. To receive injury law firm kenner , you must record your losses now and in the future. Your lawyer will help you keep a detailed record of your financial losses and expenses incurred as well as the value of your future income loss. This can be a bit complicated and often involves making estimates based on your injury's permanent impairment or disability, which requires the assistance of experts. If the defendant does not have enough insurance coverage to pay your claims, you are able to obtain a civil judgment against them personally. This can be a challenge unless the defendant is a major corporation or has multiple assets. Statute of Repose While statutes of limitations and statutes of repose limit the amount of time a plaintiff can have to file an injury claim There are a few notable distinctions between the two. Statutes of limitation are procedural and forward-looking statutes of repose are substantive, and look backwards. In short, a statute of repose is a law which sets a hard deadline after which legal actions are barredbut 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 primary difference is that a statute starts to run following an event, whereas the statute of limitations usually begins when the plaintiff is aware of or suffers an injury. This could be a problem in cases involving product liability for instance, as it could take a long time for the plaintiff to purchase and use a product, even before the company is aware of any defects. Because of these differences in the law, it is essential that injury victims consult with a personal attorney before the statutes that apply to them expire. Michael Ksiazek, a partner in Stark & Stark’s Yardley office, concentrates on Accident & Injury Law. Contact him today for an initial consultation for no cost. Duty of Care A duty of care is the obligation that one owes to others to use reasonable caution when doing something that could lead to harm. If a person fails to meet a duty of diligence and a person is injured due to it, it is considered to be a case of negligence. A company or person has an obligation to care for the public in a variety of situations. This includes doctors preparing tax returns, accountants preparing tax returns and store owners removing snow off the sidewalks so that people don't fall and hurt themselves. To be able to claim damages in a case of tort you will need to show that the person who injured you owed you an obligation of care, and that they breached that duty of care and that their breach was the direct and proximate cause of your injuries. The quality of care is typically established by what other professionals perform in similar situations. For example in the event that a doctor does surgery on the wrong leg, it may be considered a breach in duty because other surgeons under similar circumstances could be able to read the patient's record correctly. It is also important to note that the standard of care can't be high enough to limit liability to all parties. It is a balance that is carefully reviewed by juries in jury trials, as well as judges in bench trials.