Notes

7 Simple Tips For Refreshing Your Injury Attorney
What Makes Injury Legal?

Legal injury is a term used to describe the loss or harm suffered by an individual due to an individual's negligent or unlawful actions. It falls under tort law.

The most obvious form of injuries is the bodily which includes things such as whiplash, concussion, and broken bones. These injuries must be treated by an expert medical professional.

injury lawsuit sparks of Limitations

The law sets a time limit, called the statute of limitations within which an injured person is able to file an action. Failing to do so will result in the claim being "time barred" and the person who was injured will not be able to recover compensation for their losses. The details of the statute of limitations vary from state to state, and each type of instance has its own distinct time frame as well.

The statute of limitations "clock" generally starts to tick at the time the accident or incident that led to injury occurs. However, there are many exceptions that could extend the time for filing a lawsuit. The discovery rule is an 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 often encountered in cases involving concealed conditions, such as asbestos exposure or medical malpractice claims.

A minor may also be granted an extra year to file a lawsuit even that the statute would typically expire before they turn 19. There is also the "tolling" provision which extends the limitation period for certain events and situations including military service and involuntary mental hospitalization. Finally, there is the statute of limitations extension for fraud or willful deception.

Damages

Damages are the compensation paid to the victim after a tort or wrongdoing. There are two kinds of damages: compensatory and punitive. Compensation damages are designed to compensate plaintiffs and ensure they are fully compensated after an injury. Punitive damages are meant to punish the defendants for fraud, malicious actions that cause harm, or gross negligence.

The amount of damages awarded is subjective and is based on the specific circumstances of each case. A personal injury lawyer who has experience can assist you in documenting your losses in full. This will increase your chances of obtaining the largest amount possible. For example your lawyer could employ experts to testify on the severity of your suffering and pain and psychologist or psychiatrist expert witness to bolster your claim for emotional distress.

To receive the highest amount of amount of compensation, you should carefully record your current and future losses. Your attorney will help you keep meticulous records of the financial losses and expenses incurred as well as the value of the future loss of income. Experts are often required to calculate estimates based upon the permanent impairment or disability that results from your injury.

If the defendant doesn't have sufficient insurance to cover your claims, you could be able to seek a civil judgement against them. This isn't always easy unless the defendant is a large corporation or has multiple assets.

Statute of Repose

There are some differences between statutes of limitation and statutes of repose. Both limit the time the plaintiff has to make a claim for injury, but there are also some commonalities. Statutes of limitation are a procedural and forward-looking law while statutes of repose are substantive and forward-looking.

A statute of repose, as it's known it's a law that sets a deadline when legal action can be not allowed - without the limitations that a statute limitations would provide. It's common for a statute of repose to be applied to cases involving construction defects, products liability lawsuits as well as medical malpractice claims.

The main difference is that while a statute of limitations typically runs when the plaintiff is injured or learns of their loss and a statute of restraint usually begins to run when an incident triggers it. This can be a problem in product liability cases. It could take years before a plaintiff purchases and uses a product, and the company is aware of any defects.

Due to these distinctions, it's important that victims of injury consult with a personal injury lawyer close to them before the applicable statutes of limitation and repose statutes run out. Michael Ksiazek is a partner at Stark and Stark's Yardley, PA office and is focused on Accident & Personal Injury Law. Contact him for a no-obligation consultation.

Duty of Care


A duty of care is a duty one owes to others to exercise reasonable caution when performing a task that could be predicted to cause harm. If a person fails to comply with a duty and suffers injury as a result, this is considered to be negligence. There are a variety of situations in which a person or company owes a duty of care to the public. This includes doctors and accountants preparing taxes and store owners cleaning snow and ice off the sidewalks to avoid people falling and causing injury to themselves.

To be able to claim damages in a case of negligence, you must prove that the person who injured you was obligations to you, that they breached this duty of duty and that their breach caused your injury. The standard of care is usually determined by what other experts would do under similar circumstances. If a surgeon is performing surgery in the wrong place this could be considered a breach of duty, because other surgeons are likely to be able to read the chart correctly in similar circumstances.

It is also important to remember that the standard of care can't be so high that it could limit liability to all parties. This balance is carefully reviewed by juries in jury trials, as well as judges in bench trials.

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