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What Is Injury Legal Legal injury is the area of law that defines your rights when someone elses actions cause you harm It covers everything from how to recover monetary compensation to what situations could trigger an action The first issue is whether a person had a legal obligation to care If they did the next question is whether their failure to fulfill that duty caused your injury Tort law One of the major pillars of the legal system tort law deals with injuries to people caused by others Its purpose is to provide compensation to the victims and to avoid injury by holding those responsible accountable Torts can be of a criminal or civil nature Most legal systems provide the highest level of protection for life limb and property A court will usually award substantial damages in the event of injury to a victim who has been abused or assaulted and penalize the perpetrator for criminal charges To be eligible for a remedy a harmed event must be certain prohibiting speculation damages direct and cause a legitimate concern The injury must also be reasonably predictable though exceptions can be allowed in situations where the plaintiff could not reasonably prevented the injury from occurring In certain cases it is possible to establish liability dependent on strict liability nonfault like for defective products or abnormally hazardous activities However the participants are typically required to sign the waiver of liability and be warned of the potential dangers of the activity This is often a defense to any tort claim For example a case involving a woman who suffered an extensive brain injury after the company Athena Diagnostics misclassified a mutation in her gene is protected by the principle of volenti non fit injuria Statute of limitations A statute of limitations is a law which sets an upper limit on the time period from the date the incident occurred that the victim can commence legal process This permits cases to be resolved before they become stale and no longer proveable Statutes of limitations are crucial in preventing injustice and ensuring that witnesses memories dont fade and that people are able to move on with their lives injury lawyer killeen of limitation varies by state and the kind of case For instance New York personal injury cases must be filed within three years of the date of the incident or when it was discovered The statute of limitations can be extended or suspended in certain situations such as claims which involve minors or wrongfuldeath lawsuits It is recommended to speak with an experienced attorney to find out what the statute of limitations impacts your case A lawyer can assist you comprehend your situation and provide an accurate estimate of the time frame it might take Damages Damages are also referred as financial compensation and are meant to help the victim recover from injuries Medical expenses lost income funeral expenses in the event of a death are just a few examples of damages In order to claim compensation the injured party will have to prove the expenses were directly related to the injury The term damages is used to describe the losses and damages suffered by a person as a result of the negligence of someone else or an wrongful act Damages for civil causes are intended to put the injured party back in the same situation as if she hadnt been hurt by the negligent act Damages are classified as general or specific Special damages are measurable costs that can be itemized like medical expenses or lost wages while general damages are not as quantifiable and include things like emotional distress and loss of quality of life In most personal injury cases the parties responsible and their insurance companies might require the person injured to undergo an independent medical exam IME Learn more about IMEs including what they are and when they are appropriate and what they could do to affect the outcome of your case Alternative dispute resolution Alternative dispute resolution is a procedure which aims to resolve disputes without litigation It is typically less costly and more efficient than traditional court procedures Mediation and arbitration are two examples of alternative dispute settlement In mediation a neutral third party is employed to assist disputing parties reach a compromise The neutral is usually skilled in negotiations and is able to spot problems that require resolution This method encourages open communication and solving problems Some mediators take a more moderative approach and concentrate on shuttle diplomacy while keeping their personal views out of the picture Others use an critical approach and use their own experience and knowledge to guide parties toward an agreement The most experienced mediators combine these methods according to the situation and the style of the participants Several large corporations use alternative dispute resolution methods NCR which is now ATT Global Information Solutions is an example The number of lawsuits filed by NCR dropped from 263 in 1983 to just 28 in 1992 when management adopted this policy Legal fees for outside and inhouse were also significantly lower than what they would have been if a typical lawsuit had been filed Working with an attorney Its important that you or someone you have a deep affection for seek medical attention immediately when theyve been injured in an accident A personal injury lawyer can assist you with the financial loss youve suffered You may be able to receive compensation for medical expenses loss of income as well as pain and suffering and more You may also be able to claim wrongful death damages in certain cases Williamson Clune and Stevens is an experienced New York personal injury law firm In a private consultation they will provide you with more details regarding your case In many instances the insurance company will attempt to deny your claim or to pay you less than what youre entitled to Your lawyer can ensure that your claim is treated in a fair manner and you receive the entire amount of damages You will need to have your lawyer present at different stages of the litigation including depositions and other procedures You should inform your lawyer promptly in the event that your personal or professional schedule interferes