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What Makes Injury Legal? The term injury legal is used to describe the damage, loss or damage that an person suffers from another party's negligent actions or wrongful conduct. It falls under the tort law. The most obvious accident is a bodily affliction which can include concussions whiplash, broken bones, and concussions. It is important to seek medical help for these injuries. Statute of limitations The law sets a timeframe, known as the statute of limitations within which an individual who has been injured may file a lawsuit. If you don't comply with the law, your claim will be “time-barred” and you won't be able claim compensation for your losses. The time limit for a claim varies from state to state and also according to the type of case. The “clock” of the statute of limitations usually begins to tick once the incident or accident that caused the injury occurs. However, there are a few exceptions that may extend the time needed to file lawsuits. The discovery rule is one exception. It states that the clock for the statute of limitations does not start until the injury has been identified or ought to have been discovered. This is usually found in cases involving hidden circumstances, such as asbestos exposure or certain medical malpractice claims. injury lawyer napa is for minors who have one year from their 18th birthday to begin litigation even though the statute of limitations usually runs before they reach age 19. There is also the “tolling” provision which suspends the limitations period in certain circumstances, such as military service and involuntary mental hospitalization. Then, there's the statute of limitations extension in the event of willful concealment or fraud. deception. Damages Damages are compensation given to the victim following an act of wrongdoing or tort. There are two types of damages: compensatory and punitive. Compensatory damages are intended to compensate plaintiffs and restore them to their fullness after an injury. Punitive damages are meant to punish defendants for fraud, malicious actions that caused harm or gross negligence. The amount of damage is highly subjective, and based on the unique circumstances of each individual case. An experienced personal injury attorney can help you document the totality of your losses. This will increase your odds of receiving the highest amount of compensation you can get. Your lawyer might call in experts to provide evidence of the extent of your suffering or to support your claim for emotional distress. To receive the most compensation, you must carefully record your losses now and in the future. Your lawyer will assist you to keep a detailed record of your financial losses and expenses incurred as well as the amount of your lost income in the future. Experts are often required to calculate estimates based on the permanent impairment or disability caused by your injury. If the defendant has insufficient insurance coverage to cover your claims, you can obtain a civil judgment against them personally. But, this is difficult if the defendant has significant assets or is a corporation with multiple assets. Statute of Repose While statutes of limitations and statutes of repose limit the time that a plaintiff has to file an injury claim, there are some notable differences between the two. Statutes are procedural, forward-looking, and substantive. In a nutshell it's a simple definition: a statute of repose is a law that establishes an exact deadline for when legal actions are barredwith the same exceptions as a statute of limitation. 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 the statute of limitations usually is in effect when the plaintiff suffers injury or is aware of their loss, a statute of repose usually begins to run when an event triggers it. This can be a problem in product liability cases for instance, since it can take a long time for a plaintiff to purchase and use a product, even before the company was aware of any defect. Due to these distinctions and the fact that there are a variety of different laws, it is important for injured victims to speak with a personal injury attorney close to them before the applicable statutes of limitations and statutes of repose run out. Michael Ksiazek is a partner at Stark & Stark's Yardley, PA office and is focused on Accident & Personal Injury Law. Contact him to arrange a no-obligation consultation. Duty of Care A duty of care is a duty one owes to others to exercise reasonable caution when doing something that may be expected to cause harm. If a person fails meet a duty of diligence and a person is injured because of it, this is considered to be a case of negligence. A business or individual has the obligation of care to the public in a variety of situations. This includes doctors who prepare tax returns, accountants working on tax returns and store owners removing snow off sidewalks to ensure that people do not fall and end up hurting themselves. To be able to claim damages in a negligence case you must prove that the party who injured you had obligations to you and that they violated this duty of duty and that their lapse caused your injury. The level of care required is usually determined by what other professionals perform in similar situations. For example when a doctor performs surgery on the wrong leg, it may be deemed a breach of duty since other surgeons operating in similar circumstances would most likely have read the patient's medical chart correctly. It is important to remember that the standard of care can't be so high that it could create a liability that is unlimited for all parties. This is a balance that is carefully reviewed by juries in jury trials and judges in bench trials.