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What Makes Injury Legal Injury legal is a term used to describe the harm or loss that an individual suffers due to an individuals negligent or unlawful actions It falls under tort law The most obvious accident is a bodily affliction which includes concussions whiplash broken bones and concussions It is important to seek medical assistance for these injuries Statute of Limitations The law sets a deadline known as the statute of limitations within which an individual who has been injured may start a lawsuit Failing to do so will result in the claim being time barred and the victim will not be able claim compensation for their losses The details of the statute of limitations can differ between states and each type of case has its own specific time frame as well The clock of the statute of limitations usually begins to tick when the accident or incident which caused the injury occurs There are some exceptions to the rule which can prolong the time required to file a lawsuit The discovery rule is an exception It states that the statuteoflimitations clock is not set until the injury has been discovered or should have reasonably been discovered This is most commonly found in cases involving hidden circumstances such as asbestos exposure or medical malpractice claims A minor can also be granted an extra year to file a lawsuit even although the statute would usually expire before the age of 19 There is also the tolling provision which allows the limitations period to be suspended during certain circumstances including military service and involuntary mental hospitalization The statute of limitations can be extended in the event of fraudulent misrepresentation or intentional concealment Damages Damages are the compensation paid to the victim of an act of tort wrongful act There are two kinds of damages compensatory and punitive Compensatory damages are meant to compensate the plaintiffs and make them whole after an injury Punitive damages are meant to punish defendants for fraud malicious acts that caused harm or for gross negligence The amount of damages awarded is highly subjective and based on the particular circumstances of each case An experienced personal injury attorney can assist you in determining the full extent of your losses This increases your chances of obtaining the largest amount possible injury law firm palm coast may call in experts to testify about the severity of your suffering or to support your claim for emotional distress To receive the most amount of compensation you should carefully document your losses now and in the future Your attorney will assist you keep detailed records of costs and financial losses you incur as well as the value of your future lost income Experts are often needed to calculate estimates based on the permanent impairment or disability that results from your injury If the defendant doesnt have enough insurance to cover your claims you might be able to seek a civil judgment against them This can be difficult unless the defendant is a major company or has multiple assets Statute of Repose There are some differences between statutes of limitation and statutes de repose Both restrict the time that a plaintiff is able to file a claim claiming injury but there are also some similarities Statutes of limitations are a procedural and forwardlooking law statutes of repose are substantive and backwardlooking A statute of repose as its known it is a law that specifies a timeframe after which legal action is prohibited with the same exceptions that a statute or limitations It is typical for a statute of repose to be applied to construction defect cases products liability lawsuits and medical malpractice claims The biggest distinction is that a statute of limitations typically begins to run when the plaintiff suffers harm or discovers their loss however a statute of repose generally begins to run when an event triggers it This could be a problem in product liability cases for instance as it could take a long time for a plaintiff to purchase and use a product even before the company was aware of any defects Because of these differences It is essential that victims of injury consult with a personal injury attorney near them prior to when the applicable statutes of limitations and repose statutes run out Michael Ksiazek a partner in Stark Starks Yardley office focuses on Accident Injury Law Contact him today to arrange a free consultation Duty of Care A duty of care is an obligation one owes to others to exercise reasonable care in doing anything that could be predicted to cause harm It is generally regarded as negligence when someone fails to meet their duty of care and someone gets injured as a result There are many situations in which a person or company is obligated to provide care to the public for example accountants and doctors who prepare taxes and store owners clearing snow and ice from sidewalks to stop people from falling and causing injury to themselves In order to successfully claim damages in a case of tort you will need to establish that the party that injured you was owed an obligation of care that they violated that duty of care and that their negligence was the direct and proximate cause of your injury The standard of care is generally established by what other medical professionals would do under similar circumstances For instance in the event that a doctor does surgery on the wrong leg it may be considered to be a breach of duty since other surgeons operating in similar circumstances could be able to read the patients record correctly It is important to note too that the standard of care should not be so high that it imposes an 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