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What Makes Injury Legal? The term”injury legal” can be used to describe the harm or loss an person suffers of a negligent act or wrongful conduct. It is a part of tort law. The most obvious kind of injury is one that's bodily which includes things such as whiplash, concussion, and broken bones. It is essential to seek medical help for these injuries. Statute of limitations The law sets a deadline called the statute of limitations, within which an injured person can start a lawsuit. In the event of a delay, it will result in the claim being “time barred” and the victim is not able to recover compensation for their losses. The time period for the statute of limitations differs from state to state and according to the type of case. injury lawsuit springfield of limitations “clock” typically begins ticking at the time that the accident or incident that caused injury occurs. There are some exceptions to the rule, which can delay the filing of a lawsuit. One such exception is known as the discovery rule which states that the clock of statute of limitations doesn't begin until the injury is discovered or could have been discovered. This is usually encountered in cases involving concealed conditions, like asbestos exposure or medical malpractice claims. Another exception applies to minors, who have a year after their 18th birthday to initiate litigation, even when the statute of limitations typically runs before they reach the age of 19. Then there is the “tolling” provision that suspends the statute of limitation during certain circumstances, such as military service or involuntary mental health commitments. In addition, there is the statute of limitations extension for fraud or willful misrepresentation. Damages Damages are the amount of compensation that is paid to the victim of the tort (wrongful act). There are two types of damages: punitive and compensatory. Compensation damages are designed to compensate the plaintiffs and make them whole after an injury. Punitive damages are used to punish the defendants for fraudulent acts, devious actions that cause harm, or gross negligence. The amount of damages awarded is dependent and based on the particular facts of each case. A seasoned personal injury lawyer will assist you in documenting the full extent of your losses. This increases your chances of obtaining the most money possible. Your lawyer can call experts to explain the severity of your pain and suffering or to back up your claim for emotional distress. In order to maximize compensation, you need to take care in the documentation of your present and future economic losses. Your lawyer will assist you to keep meticulous records of the costs and financial losses you incur as well as the value of the future loss of income. This can be a bit complicated and often requires formulating estimates based on the severity of your injury and its permanent disability which requires the assistance of experts. If the defendant doesn't have sufficient insurance to cover your claims, you may be able to pursue a civil lawsuit against them. But, this is very difficult unless the defendant has substantial assets or is a company with multiple assets. Statute of Repose There are some differences between statutes of limitation and statutes of repose. Both restrict the time that the plaintiff has to bring a claim for injury however, there are some commonalities. Statutes of limitations are a procedural and forward-looking law and forward-looking, while statutes of repose are substantive, and look backwards. A statute of repose, in short is a law that gives a time limit that must be met before legal action is closed – without the exceptions as a statute or limitations provide. A statute of repose is typically used in cases involving defective construction, products liability suits, and medical malpractice claims. The major difference is that a statute begins to run following an event, while the statute of limitations typically begins when the plaintiff is aware of or suffers a loss. This could be a problem in product liability cases for instance, because it can take a long time for the plaintiff to purchase and use a particular product before the company was aware of any defect. Due to these distinctions and the fact that there are a variety of different laws, it is important for injury victims to consult with a personal injury lawyer near them prior to when the applicable statutes of limitations and repose statutes run out. Michael Ksiazek is a partner at Stark & Stark's Yardley, PA office and focuses on Accident and Personal Injury Law. Contact him today for free consultation. Duty of Care A duty of care is the obligation that one has to others to exercise reasonable care when performing activities that could cause harm. If a person fails perform a duty of care, and someone is injured as a result, this is deemed to be negligence. There are many instances in which a person or company is bound by a duty of care to the public. This includes accountants and doctors who prepare taxes and store owners removing snow and ice off the sidewalks to avoid people falling and injuring themselves. To be able to claim damages in a tort case you will need to prove that the party who injured you had a duty of care, that they breached that duty of care, and that their breach was the primary and most direct cause of your injury. The standard of care is usually determined by what other professionals do in similar circumstances. If a doctor performs surgery in the wrong limb it could be deemed to be a breach of duty since other surgeons read the chart correctly under similar circumstances. It is vital to note, too, that the standard of care must not be too high that it imposes no limit on liability for all parties. In jury trials, and in bench trials the balance is examined by both juries and judges.