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What Makes Injury Legal The terminjury legal is used to describe the damage loss or damage that an individual suffers from another partys negligent actions or wrongful actions It falls under the umbrella of tort law The most obvious kind of injury is a bodily one that includes things like concussion whiplash and broken bones It is important to seek medical help for these injuries Statute of Limitations The law establishes a deadline called the statute of limitations within which an individual who has been injured may 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 details of the statute of limitations vary from state to state and each type of case has its own time frame as well The clock of the statute of limitations typically starts ticking when the accident or incident that caused the injury occurs However there are several exceptions that may extend the time needed to file an action The discovery rule is one such exception It states that the statuteoflimits clock doesnt begin until the injury has been discovered or ought to have been discovered This is typically found in cases involving hidden circumstances such as asbestos exposure or certain medical malpractice claims A minor can be granted an additional year to file a lawsuit even although the statute would usually expire before the age of 19 There is also injury case sterling heights tolling provision which extends the limitation period for certain circumstances and events like military service or involuntary mental hospitalization Finally there is the extension of the statute of limitations for fraud or willful deception Damages Damages are compensation that is paid to the victim following an incident of negligence or a tort There are two types of damages compensatory and punitive Compensation damages are designed to compensate plaintiffs and to make them whole after an injury Punitive damages are designed to punish the defendants for fraud malicious acts that caused harm or gross negligence The amount of damages awarded is highly dependent and based on the specific facts of each case A seasoned personal injury lawyer can assist you in documenting the totality of your losses This will increase your chances of receiving the maximum amount possible For instance your lawyer may use experts to testify about the extent of your pain and suffering or a psychologist or psychiatrist expert witness to back up your emotional distress claim In order to maximize compensation you need to take care in the documentation of your current and future economic losses Your lawyer will assist in keeping detailed notes of your expenses and financial losses you have incurred and will also calculate the amount of future lost income Experts are often required to estimate the value of your claim based on the permanent impairment or disability of your injury If the defendant has insufficient insurance coverage to pay your claims you may obtain a civil judgment against them personally But this is difficult if the defendant has substantial assets 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 the plaintiff has to make a claim for injury however there are some resemblances Statutes of limitation are procedural and forwardlooking while statutes of repose are substantive and look backwards A statute of repose as its known its a law that establishes a time frame after which legal action is closed without the exceptions as a statute or limitations A statute of repose can be applied to construction defect lawsuits products liability suits and medical malpractice claims The major difference is that a statute begins to run after an event while the statute of limitations usually starts when the plaintiff discovers or suffers an injury This could be a problem in cases involving product liability for example since it can take a long time for the plaintiff to purchase and use a product prior to the company is aware of any defects Because of these differences and the fact that there are a variety of different laws it is important for victims of injuries to speak with a personal injury lawyer near them before the applicable statutes of limitation and repose statutes expire Michael Ksiazek is a partner at the Stark Sterns 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 caution in doing anything that could be expected to cause harm It is typically regarded as negligent when someone fails to meet their duty of care and someone gets injured as a result There are a variety of situations where a person company is obligated to provide care to the public including doctors and accountants preparing taxes and store owners who clear snow and ice from sidewalks to prevent people from falling and hurting themselves To be able to claim damages in a case of negligence you must prove that the party who injured you was in the duty to protect you that they breached this duty of duty and that their breach caused your injury The standard of care is typically determined by what other experts do in similar circumstances For instance if a doctor performs surgery on the wrong leg it may be considered to be a breach of duty since other surgeons operating in similar circumstances could examine the patients chart in a correct manner It is also important to note that the standard of care cant be so high that it could create a liability that is unlimited for all parties It is a balance which is carefully scrutinized by juries in jury trials as well as judges in bench trials