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What Makes Injury Legal? The term “injury legal” is used to describe the harm or loss suffered by an individual as a result of an other person's negligent or illegal actions. It falls under the umbrella of tort law. The most obvious injury is a bodily injury that includes concussions, whiplash, broken bones, and concussions. These injuries must be treated by a medical professional. Statute of limitations The law sets a deadline, known as the statute of limitations within which an individual who has been injured may start a lawsuit. If you fail to meet the deadline, your claim will be “time-barred” and you won't be able obtain compensation for your losses. The time-limit for claims varies from states to states and depending on the type of case. The “clock” of the statute of limitations typically begins to tick once the incident or accident that caused the injury occurs. However, there are some exceptions that can extend the time to file lawsuits. One of them is known as the discovery rule, which states that the clock of statute of limitations is not set until the injury is discovered or ought to have been discovered. This is most commonly seen in situations where the cause is hidden, such as asbestos or certain medical malpractice claims. A minor may also be granted an extra year to file a lawsuit, even when the statute of limitations would typically expire prior to turning 19. There is also the “tolling” provision that suspends the statute of limitations during certain events or situations like military service or involuntary mental health commitments. Then, there's the statute of limitations extension for willful concealment or fraudulent deception. Damages Damages are the compensation paid to the victim following the commission of a wrongdoing or a tort. There are two types of damages: compensatory and punitive. Compensation damages compensate plaintiffs for their losses and are designed to make them whole again after an accident, whereas punitive damages penalize the defendant for fraud, a malicious act that caused harm, or reckless negligence. The amount of damages awarded is subjective and is based on the unique circumstances of each case. An experienced personal injury attorney can help you document the full extent of your losses. This increases your odds of obtaining the most money possible. For instance your lawyer could employ experts to testify on the severity of your pain and suffering, or a psychologist or psychiatrist expert witness to bolster your emotional distress claim. In order to receive the maximum amount of compensation, you must carefully document your current and future losses. Your lawyer will assist you in keeping detailed records of the expenses and financial losses incurred and will also calculate the value of future lost income. Experts are often required to determine estimates based on the permanent impairment or disability resulting from your injury. If the defendant has insufficient insurance coverage to pay your claims, you may seek a civil judgment against them personally. This isn't always easy unless the defendant is a large company or has multiple assets. Statute of Repose There are some differences between statutes of limitation and statutes of repose. Both limit the time a plaintiff can bring a claim for injury however there are some similarities. Statutes of limitation are a procedural and forward-looking law statutes of repose are substantive and forward-looking. A statute of repose, also known as a statute it's a law that establishes a time frame after which legal action is barred – without the same exceptions as a statute or limitations would provide. It is common for statutes of repose to be applied to construction defect cases, product liability lawsuits as well as medical malpractice claims. The most notable distinction is that the statute of limitations typically runs when the plaintiff suffers injury or is aware of their loss the statute of repose typically begins to run when an event triggers it. This can be an issue in cases involving product liability, for example, since it could take years for a plaintiff to purchase and use a product, even before the company was aware of any defects. Because of these differences It is crucial that injured victims consult an attorney prior to the statutes that apply to them expire. Michael Ksiazek, a partner in Stark &Stark's Yardley office, focuses on Accident & Injury Law. Contact injury settlement jackson for a no-obligation consultation. Duty of Care A duty of care is a duty that a person owes others to exercise reasonable caution when doing something that may foreseeably cause harm. If a person fails to fulfill a duty of care and a person is injured because of it, this is considered to be negligence. There are many situations where a person or company is obligated to provide care to the public, including accountants and doctors preparing tax returns and store owners cleaning snow and ice off the sidewalks to avoid people falling and causing injury to themselves. To successfully seek damages in a tort claim you will need to show that the person who injured you had a duty of care, and that they breached their duty of care, and that their negligence was the sole and primary cause of your injuries. The standard of care is typically determined by what other experts perform in similar situations. If a doctor performs surgery in the wrong limb this could be considered an infraction of duty because other surgeons are likely to be able to read the chart correctly in similar circumstances. It is important to keep in mind that the standard of care must not be excessive that it creates unlimited liability on all parties. In jury trials, and in bench trials, the balance is carefully evaluated by juries as well as judges.