Notes

Why We Our Love For Injury Attorney (And You Should Also!)
What Makes Injury Legal?

Legal injury is a term used to describe the loss or harm suffered by an individual due to another party's negligent or wrongful actions. It is a part of tort law.

The most obvious kind of injury is one that's bodily, which includes things like whiplash, concussion and broken bones. These injuries must be treated by medical professionals.

Statute of Limitations

The law sets a deadline, known as the statute of limitations within which an injured party can start a lawsuit. If you do not comply with the statute of limitations, your claim will be "time-barred" and you will not be able obtain compensation for your losses. The details of the statute of limitations differ from state to state and each kind of instance has its own distinct time period as well.

The statute of limitations "clock" typically starts ticking when the accident or incident that resulted in injury occurs. However, there are a few exceptions that could prolong the time required to file a lawsuit. 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 discovered or should have reasonably been discovered. This is seen most often when conditions are concealed, such as asbestos or certain medical malpractice claims.

Another exemption is for minors who have a year following the age of 18 to start litigation, even though the statute of limitations usually runs before they reach age 19. There is also the "tolling" provision, which suspends the statute of limitation during certain circumstances, such as military service, or involuntary mental health obligations. The statute of limitations could be extended for fraudulent misrepresentation or intentional concealment.

Damages

Damages are compensation that is paid to the victim following the commission of a wrongdoing or a tort. There are two types of damages - punitive and compensatory. Compensatory damages are intended to compensate plaintiffs and restore them to their fullness after an injury. Punitive damages are meant to penalize defendants for fraudulent acts, devious acts that caused harm, or gross negligence.


The amount of damages you are able to claim is highly subjective, and is based on the specific facts of each case. A seasoned personal injury lawyer can assist you in documenting the totality of your losses. This increases your odds of receiving the maximum amount possible. Your lawyer may call in expert witnesses to describe the severity of your suffering or to support your claim for emotional distress.

To receive the highest amount of compensation, it is essential to document your losses now and in the future. Your attorney will assist you keep meticulous records of the expenses and financial losses incurred as well as the amount of your future lost income. Experts are often needed to calculate estimates based upon the permanent impairment or disability caused by your injury.

If the defendant does not have sufficient insurance to cover your claims, then you might be able pursue a civil lawsuit against them. But, this is very difficult unless the defendant is a large asset or is a corporation with multiple assets.

Statute of Repose

There are some distinctions between statutes of limitation and statutes de repose. Both restrict the time that a plaintiff is able to file a claim for injury however there are certain similarities. Statutes are procedural, forward-looking and substantive.

In essence the simplest terms, a statute of repose is a law that sets the deadline by which legal actions are barred- without the same exceptions as the statute of limitations. It's common for a statute of repose to be applied to cases involving construction defects, products liability lawsuits and medical malpractice claims.

injury lawyer west jordan is that whereas the statute of limitations typically starts to run when a plaintiff is hurt or becomes aware of their loss the statute of repose typically begins running when an event triggers it. This is a concern in product liability cases, for example, since it could take years for a plaintiff to purchase and use a product before the company is aware of any defects.

Because of these differences in the law, it is essential that victims of injury consult an attorney before the statutes that apply to them expire. Michael Ksiazek, a partner in the Stark & Stark's Yardley office, concentrates on Accident & Injury Law. Contact him today to arrange a free consultation.

Duty of Care

A duty of care is the obligation that one owes to other people to exercise a reasonable amount of caution when performing activities that could lead to harm. It is generally considered negligence when an individual fails to comply with their obligation of care and a person is injured due to the negligence. A business or individual is bound by a duty of caring to the public in many instances. This includes doctors preparing tax returns, accountants who prepare tax returns and store owners removing snow off the sidewalks so that people don't fall and harm themselves.

To be able to claim damages in a case of tort you must establish that the party that injured you had an obligation of care, that they violated that duty of care, and that their breach was the primary and direct cause of your injury. The standard of care is generally established by what other medical professionals would do in similar situations. For instance in the event that a doctor does surgery on the wrong leg, it may be considered to be a breach of duty because other surgeons under similar circumstances would most likely have read the patient's medical chart correctly.

It is also important to remember that the standard of care can't be so high that it could make it impossible to impose liability on all parties. In jury trials, as well as in bench trials the balance is examined by both juries and judges.

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