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What Makes Injury Legal Injury legal is a term used to describe the loss or damage suffered by an individual due to an other persons negligent or illegal actions It falls under the umbrella of tort law The most obvious kind of injury is one thats bodily that includes things like whiplash concussion and broken bones It is crucial to seek medical treatment for these injuries Statute of limitations The law imposes the time frame also known as the statute of limitations in which an injured person is able to file a lawsuit Failure to file a lawsuit will result in the claim being time barred and the victim is not able to recover compensation for their losses The statute of limitations varies from state to state and also depending on the type of case The clock of the statute of limitations typically begins to tick when the accident or incident that caused the injury occurs However there are some exceptions that could prolong the time required to file lawsuits One of these exceptions is known as the discovery rule which states that the clock of statute of limitations doesnt begin until the injury is discovered or should have been discovered This is seen most often in cases where conditions are hidden such asbestos or certain medical malpractice claims Another exception is for minors who have a year from their 18th birthday to initiate litigation even although the statute of limitations typically runs before they reach age 19 There is also the tolling provision which suspends the limitations period in certain situations and events including military service or involuntary mental hospitalization The statute of limitations could be extended for fraudulent misrepresentation or willful concealment Damages Damages are compensation that is paid to the victim in the aftermath of a tort or wrongdoing There are two basic types of damages compensatory and punitive Compensatory damages are intended to compensate plaintiffs and to make them whole after an injury Punitive damages are designed to penalize defendants for fraudulent acts devious acts that caused harm or gross negligence The amount of damages awarded is highly subjective and based upon the unique circumstances of each case A personal injury lawyer with experience can assist you with logging the full extent of your losses This will increase your chance of obtaining the largest amount possible For instance the lawyer might use experts as witnesses to prove the extent of your pain and suffering and psychologist or psychiatrist expert witness to strengthen your emotional distress claim To receive the most compensation you must document your current and future losses Your lawyer will assist in keeping meticulous documents of the expenses and financial losses that you incur as well as calculating the value of future lost income This can be difficult and often involves making estimates based on the permanent impairment caused by your injury or disability that requires the help of experts If injury attorney union city does not have sufficient insurance to cover your claims you might be able to seek a civil judgement against them This can be a challenge unless the defendant is a major corporation or has multiple assets Statute of Repose While statutes of limitations and statutes of repose both limit the time a plaintiff must wait to file a lawsuit there are some notable differences between the two Statutes of limitations are procedural and forwardlooking and forwardlooking while statutes of repose are substantive and forwardlooking In a nutshell the simplest terms a statute of repose is a law that sets the deadline by which legal actions are barred but without the same exemptions as a statute of limitation A statute of repose is often applied to lawsuits involving construction defects products liability suits and medical malpractice claims The most notable difference is that while the statute of limitations typically begins to run when the plaintiff is injured or learns of their loss a statute of repose typically begins running when an incident triggers it This can be an issue in product liability cases for instance as it can take a long time for the plaintiff to purchase and use a particular product before the company might have been aware of any flaws Because of these differences due to these differences it is crucial for injured victims to speak with a personal injury attorney close to them before the applicable statutes of limitation and statutes of repose run out Michael Ksiazek is a partner at the Stark Sterns Yardley PA office and is focused on Accident and Personal Injury Law Contact him today for an initial consultation for no cost Duty of Care A duty of care is a duty that a person owes others to exercise reasonable caution in doing anything that could foreseeably cause harm If a person fails meet a duty of diligence and suffers injury as a result this is considered to be negligence There are many instances in which a person or business is responsible for providing care to the public such as accountants and doctors who prepare taxes 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 claim you must prove that the person who injured you had the duty to protect you that they breached this duty duty and that their negligence caused your injury The norm of care is usually established by what other professionals would do under similar circumstances For instance in the event that a doctor does surgery on the wrong leg it could be considered a breach of obligation because other surgeons in the same circumstances would likely be able to read the patients record correctly It is important to keep in mind that the standard of care should not be too high that it imposes unlimited liability on all parties It is a balance that is carefully reviewed by juries in jury trials as well as judges in bench trials