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What Makes Injury Legal? Legal injury is a term used to describe the harm or loss sustained by a person as a result of another party's negligent or wrongful actions. It is a part of tort law. The most obvious type of injury is one that's bodily which includes things such as whiplash, concussions, and broken bones. It is crucial to seek medical assistance for these injuries. injury lawyer fall river of limitations The law imposes an amount of time, referred to as the statute of limitations, within which an injured person is able to file a lawsuit. Failing to do so will result in the claim being “time barred” and the victim will not be able to receive compensation for their losses. The details of the statute of limitations vary from state to state, and each kind of case has its own specific time frame, as well. The “clock” of the statute of limitations typically begins to tick when the incident or accident that caused the injury occurs. However, there are a few exceptions that could prolong the time required to file a lawsuit. One of them is known as the discovery rule which states that the clock of statute of limitations cannot begin until the injury is discovered or reasonably could have been discovered. This is usually seen in cases involving hidden circumstances, such as asbestos exposure or medical malpractice claims. A minor may also be granted an extra year to file a lawsuit even although the statute would usually expire before the age of 19. Then there is the “tolling” provision, which suspends the statute of limitations for certain events or situations such as military service or involuntary mental health obligations. In addition, there is the extension of the statute of limitations for willful concealment or deception. Damages Damages are the amount of compensation that is paid to the victim of an offense (wrongful act). There are two types of damages: compensatory and punitive. Compensatory damages are meant to compensate plaintiffs for their losses and are designed to restore their health following an injury, whereas punitive damages are intended to punish the defendant for fraud, an ill-intentional act that caused harm or gross negligence. The amount of damages you are able to claim is highly subjective, and is based on each case's unique facts. A personal injury lawyer with years of experience will assist you in capturing your losses in full. This increases your odds of obtaining the most money possible. Your lawyer could call in experts to explain the extent of your pain and suffering, or to support your claim for emotional distress. In order to receive the maximum 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 loss incurred in addition to the value of your future income loss. Experts are often needed to estimate the value of your claim based on the permanent impairment or disability resulting from your injury. If the defendant is not covered by insurance coverage to pay your claims, then you can get a civil judgement against them personally. However, this could be difficult if the defendant is a large asset or is a corporation with multiple assets. Statute of Repose There are some differences between statutes of limitation and statutes of repose. Both restrict the time that a plaintiff is able to file a claim for injury however there are some commonalities. Statutes of limitations are a procedural and forward-looking law, whereas statutes of repose are substantive, and look backwards. A statute of repose, in short it's a law that gives a time limit after which legal action is barred – without the same exceptions as a statute of limitations have. A statute of repose can be applied to construction defect lawsuits, products liability suits, and medical malpractice claims. The most notable difference is that whereas the statute of limitations generally starts to run when a plaintiff is injured or learns of their loss however, a statute of repose typically begins to run when an event triggers it. This can be an issue in cases involving product liability for instance, since it could take years for a plaintiff to purchase and use a particular product before the company might have been aware of any flaws. Due to these differences due to these differences, it is imperative that victims of injury consult an attorney prior to the statutes that apply to them expire. Michael Ksiazek is a partner at Stark & Stark's Yardley, PA office and focuses on Accident & Personal Injury Law. Contact him today to arrange an initial consultation for no cost. Duty of Care A duty of care is an obligation that a person owes others to exercise reasonable care when performing a task that could cause harm in the future. When a person fails to fulfill a duty of care and someone is injured because of it, this is deemed to be negligence. There are many situations where a person or business is responsible for providing care to the public, such as accountants and doctors who prepare tax returns and store owners removing snow and ice off sidewalks to stop people from falling and causing injury to themselves. To be able to claim damages in a negligence case, you must prove that the party who injured you had an obligation of care and that they violated this duty duty, and that their breach caused your injury. The standard of care is usually determined by what other experts perform in similar situations. For example in the event that a doctor does surgery on the wrong leg, it could be considered a breach of duty since other surgeons operating in similar circumstances could be able to read the patient's record correctly. It is important to keep in mind that the standard of care should not be excessive that it creates no limit on liability for all parties. This is a balance that is carefully reviewed by juries in jury trials as well as judges in bench trials.