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What Makes Injury Legal? The term”injury legal” is used to describe the harm or loss an person suffers of a negligent act or wrongful conduct. It falls under the tort law. The most obvious form of injury is one that's bodily which includes things such as whiplash, concussions, and broken bones. It is essential to seek medical treatment for these injuries. Statute of limitations The law sets a timeframe, called the statute of limitations within which an individual who has been injured may file a lawsuit. In injury attorney sandy springs of a delay, it will result in the claim being “time barred” and the party who was injured cannot recover compensation for their losses. The time limit for a claim varies from states to states and depending on the type of claim. The “clock” of the statute of limitations typically begins to tick when the accident or incident which caused the injury occurs. However, there are some exceptions that may extend the time needed to file an action. The discovery rule is a prime exception. It states that the clock of the statute of limitations will not begin until the injury has been identified or ought to have been discovered. This is seen most often in situations where the cause is hidden, such as asbestos or certain medical malpractice claims. Another exception applies to minors, who have a year after their 18th birthday when they can initiate legal proceedings even when the statute of limitations usually runs before they reach the age of 19. Then there is the “tolling” provision, which suspends the statute of limitations during certain events or situations such as military service or involuntary mental health commitments. In addition, there is the statute of limitations extension for willful concealment or misrepresentation. Damages Damages are a form of compensation that is given to the victim in the aftermath of an incident of negligence or a tort. There are two types of damages: punitive and compensatory. Compensatory damages aim to compensate plaintiffs and ensure they are fully compensated after an injury. Punitive damages are intended to punish the defendants for fraudulent acts, devious acts that caused harm, or gross negligence. The amount of damages awarded is subjective and is based on the unique circumstances of each case. A personal injury lawyer with years of experience can assist you in documenting your entire loss. This will increase your odds of obtaining the maximum amount of compensation that is possible. For instance, your lawyer may use experts to testify about the severity of your pain and suffering as well as a psychological or psychiatric expert witness to back up your claim for emotional distress. To receive the maximum amount of compensation, you need to have thorough documentation of your present and future economic losses. Your attorney will assist in keeping meticulous documents of the expenses and financial losses you have incurred, as well as calculating the value of your future loss of income. This can be complicated and often requires formulating estimates based on the permanent impairment caused by your injury or disability that requires the help of experts. If the defendant does not have enough insurance to cover your claims, then you might be able to obtain a civil lawsuit against them. This isn't always easy unless the defendant is a large corporation or has multiple assets. Statute of Repose While statutes of limitations and statutes of repose both restrict the time that a plaintiff has to file a claim for damages However, there are some important differences between the two. Statutes of limitation are a procedural and forward-looking law, whereas statutes of repose are substantive and forward-looking. A statute of repose, or in other words it is a law that sets a deadline within which legal action is barred – without the same exceptions that a statute or limitations would provide. A statute of repose is usually used in lawsuits involving construction defects, products liability suits and medical malpractice claims. The most notable difference is that while a statute of limitations typically runs when the plaintiff is injured or learns of their loss the statute of repose generally begins to run when an incident triggers it. This can be an issue in product liability cases for instance, as it may take years for a plaintiff to purchase and use a product before the company was aware of any defect. Because of these differences in the law, it is essential that injury victims consult with an attorney prior to the applicable statutes expire. Michael Ksiazek, a partner in Stark & Stark’s Yardley office, concentrates on Accident & Injury Law. Contact him today for no-cost consultation. Duty of Care A duty of care is a duty that a person owes others to exercise reasonable care when doing something that could foreseeably cause harm. If someone fails to fulfill a duty of care and someone is injured due to it, it is deemed to be negligence. There are many situations where a person or company is obligated to provide care to the public, such as doctors and accountants preparing taxes and store owners clearing snow and ice from sidewalks to prevent people from falling and injuring themselves. To be able to claim damages in a tort case, you will need to show that the person who injured you was bound by an obligation of care, that they violated that duty of care and that their breach was the sole and primary reason for your injury. The quality of care is typically established by what other professionals perform in similar situations. For example when a doctor performs surgery on the wrong leg, it may be considered a breach in duty because other surgeons under similar circumstances would most likely read the patient's chart correctly. It is also important to note that the standard of care can't be so high as to limit liability to all parties. In jury trials, as well as in bench trials, the balance is carefully examined by both juries and judges.