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What Makes Injury Legal? Legal injury is a term used to describe the loss or damage that a person suffers as a result of an individual's negligent or unlawful actions. It is a part of the tort law. The most obvious form of injury is a bodily one which includes things such as whiplash, concussion and broken bones. These injuries should be treated by medical professionals. Statute of limitations The law sets a time limit, called the statute of limitations, within which an injured person is able to file an action. Failure to comply with this deadline will result in the claim being “time barred” and the injured party cannot receive compensation for their losses. The time period for the statute of limitations differs from states to states and depending on the type of case. The “clock” of the statute of limitations usually starts to tick when an accident or incident that caused the injury occurs. There are a few exceptions to the rule that can extend the time for filing a lawsuit. The discovery rule is one exception. It states that the clock for the statute of limitations will not begin until the injury has been discovered or should have reasonably been discovered. This is seen most often in situations where the cause is hidden, such asbestos or certain medical malpractice claims. A minor may be granted an additional year to file a lawsuit even though the statute would normally expire prior to turning 19. There is also the “tolling” provision, which allows the limitations period to be suspended during certain circumstances and events such as military service or involuntary mental hospitalization. Then, there's the extension of the statute of limitations for willful concealment or fraudulent deception. Damages Damages are the compensation paid to the victim of the tort (wrongful act). There are two types of damages – compensatory and punitive. Compensation damages compensate plaintiffs for their losses and are designed to help them recover after an accident, whereas punitive damages punish a defendant for fraud, a malicious act that caused harm or gross 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 complete extent of your losses. This will increase your chances of receiving the highest amount of compensation possible. For instance your lawyer could use experts to testify about the extent of your suffering and pain and 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 you keep detailed records of expenses and financial losses incurred and the value of your lost income in the future. Experts are often required to estimate the value of your claim based on the permanent impairment or disability of your injury. If the defendant is not covered by insurance coverage to cover your claims, you can obtain a civil judgment against them personally. However, this could be very difficult unless the defendant has substantial assets or is a corporation with multiple assets. Statute of Repose While statutes of limitations and statutes of repose both restrict the time a plaintiff can have to file a claim for injury, there are some notable distinctions between the two. Statutes are procedural, forward-looking, and substantive. In short it's a simple definition: a statute of repose is a law that imposes an absolute deadline within which legal actions are barred -without the same exceptions as the statute of limitations. It is common for a statute of repose to be applied to construction defect cases, product liability lawsuits, and medical malpractice claims. The main difference is that whereas the statute of limitations usually is in effect when the plaintiff suffers harm or discovers their loss however, a statute of repose generally begins to run when an event triggers it. This can be a problem in cases involving product liability. It could take several years before a plaintiff purchases and uses a product, and the company is aware of any defects. Due to these distinctions due to these differences, it is crucial for injury victims to consult with a personal injury lawyer near them before 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 for a free consultation. Duty of Care A duty of care is the obligation that individuals owe to others to use reasonable caution when doing things that could cause harm. If a person fails fulfill a duty of care and a person is injured as a result, this is considered to be a case of negligence. There are a variety of situations where a person company is bound by a duty of care to the public, such as doctors and accountants preparing taxes and store owners cleaning snow and ice from sidewalks to prevent people from falling and injuring themselves. To be injury law firm flower mound to claim damages in a negligence case, you must prove that the party who injured you was in a duty of duty, that they breached this duty of duty and that their negligence caused your injury. The level of care required is usually established by what other professionals do in similar circumstances. If a surgeon is performing surgery in the wrong leg this could be considered to be a breach of duty since other surgeons would have be able to read the chart correctly in similar circumstances. It is also important to remember that the standard of care cannot be so high as to impose unlimited liability on all parties. In jury trials, and in bench trials, the balance is carefully evaluated by juries as well as judges.