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What Makes Injury Legal? Legal injury is a term used to describe the loss or harm that a person suffers due to an individual's negligent or unlawful actions. It falls under the tort law. The most obvious kind of injury is one that's bodily, which includes things like whiplash, concussion, and broken bones. It is essential to seek medical attention for these injuries. Statute of Limitations The law establishes an expiration date, known as the statute of limitations that an injured person can file an action. If you fail to comply with the statute of limitations, your claim is “time-barred” and you will not be able to recover compensation for your losses. The details of the statute of limitations can differ between states, and each type of case has its own time frame, as well. The “clock” of the statute of limitations typically starts to tick when an incident or accident that caused the injury occurs. However, there are many exceptions that may extend the time needed to file an action. One of them is known as the discovery rule, which states that the clock for the statute of limitations does not begin until the injury is discovered or could have been discovered. This is typically seen in cases where conditions are concealed, like asbestos or certain medical malpractice claims. Another exception is for minors, who have a year after their 18th birthday when they can initiate litigation even though the statute of limitations typically runs before they reach the age of 19. There is also the “tolling” provision that allows the limitations period to be suspended during certain circumstances and events including military service or involuntary mental hospitalization. The statute of limitations can be extended for fraudulent misrepresentation or intentional concealment. Damages Damages are a form of compensation given to the victim of a tort (wrongful act). There are two main types of damages: punitive and compensatory. Compensatory damages aim to compensate the plaintiffs and restore them to their fullness after an injury. Punitive damages are meant to penalize defendants who committed fraudulent acts, devious acts that caused harm, or for gross negligence. The amount of damages awarded is highly subjective and is based on the specific facts of each case. A seasoned personal injury lawyer can help you document the full extent of your losses. This increases your odds of obtaining the highest amount possible. For example your lawyer could use experts to testify about the severity of your suffering and pain as well as a psychologist or psychiatrist expert witness to back up your emotional distress claim. To get the maximum amount of compensation, you must have careful documentation of your present and future economic losses. Your attorney will assist with keeping detailed reports of the costs and financial losses that you incur, as well as calculating the amount of future lost income. This can be a bit complicated and often involves formulating estimates based on the permanent impairment caused by your injury or disability that requires the help of experts. If the defendant is not covered by insurance coverage to pay your claims, then you can get a civil judgement against them personally. This isn't always easy unless the defendant is a large company or has multiple assets. Statute of Repose While statutes of limitations and statutes of repose both limit the time a plaintiff must wait to file a claim for injury, there are some notable distinctions between the two. Statutes are procedural, forward-looking, and substantive. In injury lawsuit brownsville , a statute or repose is a law that imposes a hard deadline after which legal actions are barred — without the same exceptions as a statute of limitations. It is common for statutes of repose to apply to construction defect cases, product liability lawsuits, as well as medical malpractice claims. The primary difference is that a statute starts to run after an event, whereas the statute of limitations generally begins when the plaintiff notices or suffers losses. This is a concern in product liability cases for instance, since it could take years for the plaintiff to purchase and use a product, even before the company is aware of any flaws. Due to these differences, it's important that victims of injury consult with a personal injury lawyer near them prior to when the applicable statutes of limitation and statutes of repose run out. Michael Ksiazek, a partner in Stark & Stark’s Yardley office, focuses on Accident & Injury Law. Contact him today for an initial consultation for no cost. Duty of Care A duty of care is the obligation one owes to others to use reasonable caution when doing something that could result in harm. When a person fails to fulfill a duty of care, and someone is injured because of it, this is considered to be negligence. A business or individual is bound by an obligation of care towards the public in various situations. This includes doctors preparing tax returns, accountants making tax returns and store owners removing snow from sidewalks to ensure people don't slip and end up hurting themselves. To be able to claim damages in a negligence case, you must prove that the person who injured you had obligations to you and that they violated this duty of duty and that their breach caused your injury. The level of care required is usually determined by what other professionals do in similar situations. For instance in the event that a doctor does surgery on the wrong leg, it could be considered to be a breach of duty because other surgeons working in similar circumstances could have read the patient's medical chart correctly. It is important to keep in mind, too, that the standard of care must not be enough to impose no limit on liability for all parties. It is a balance that is vetted by juries in jury trials as well as judges in bench trials.