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What Makes Injury Legal Injury legal is a term used to define the harm or loss sustained by a person due to an individuals negligent or unlawful actions It falls under the tort law The most obvious accident is a bodily affliction that can result in concussions whiplash broken bones and concussions It is imperative to seek medical attention 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 will not be able to get compensation for their losses The specifics of the statute of limitations can differ from state to state and each kind of case has its own specific time period as well The statute of limitations clock typically begins ticking at the time the accident or incident that caused injury occurs However there are a few exceptions that could extend the time to file an action The discovery rule is an exception It states that the clock for the statute of limitations does not start until the injury has been discovered or should have reasonably been discovered This is typically seen in cases where injuries are concealed such as asbestos or certain medical malpractice claims A minor may also be granted an extra year to file a lawsuit even that the statute would typically expire before turning 19 There is also the tolling provision that suspends the statute of limitations during certain events or circumstances such as military service or involuntary mental health commitments The statute of limitations can be extended for fraudulent misrepresentation or willful concealment Damages Damages are the amount of compensation that is paid to the victim of the tort wrongful act There are two kinds of damages punitive and compensatory Compensation damages are designed to compensate plaintiffs and to make them whole after an injury Punitive damages are designed to penalize defendants who committed fraud malicious acts that caused harm or gross negligence The amount of damages awarded is subjective and based on the particular circumstances of each case A personal injury lawyer with experience can assist you with logging your losses in full This will improve your chances of receiving the highest amount of compensation you can get Your lawyer could call in expert witnesses to describe the severity of your suffering or to back up your claim for emotional distress To get the maximum amount of compensation you must have careful documentation of your current and future economic losses Your attorney will assist in keeping meticulous reports of the costs and financial losses incurred as well as calculating the value of future lost income This can be a bit complicated and often involves formulating estimates based on your injurys permanent impairment or disability which requires the assistance of experts If the defendant does not have sufficient insurance to cover your claims then you might be able to obtain an injunction against them This can be a challenge unless the defendant is a large company or has multiple assets Statute of Repose There are some differences between statutes of limitation and statutes de repose Both limit the time a plaintiff can bring a claim for injury but there are also some commonalities Statutes are procedural forwardlooking and substantive A statute of repose in short its a law that specifies a timeframe that must be met before legal action is not allowed without the exceptions as a statute of limitations provide A statute of repose is usually used in cases involving defective construction products liability suits and medical malpractice claims injury claim indianapolis is that a statute starts to run after an event whereas the statute of limitations usually begins when a plaintiff finds or suffers a loss This is a concern in cases involving product liability for instance as it may take years for a plaintiff to purchase and use a particular product before the company is aware of any defect Due to these distinctions It is crucial that injured victims consult a personal attorney before the statutes that apply to them expire Michael Ksiazek is a partner at the Stark Sterns Yardley PA office and is a specialist in Accident and Personal Injury Law Contact him to arrange a noobligation consultation Duty of Care A duty of care is the obligation that one has to other people to exercise a reasonable amount of caution when doing something that could result in harm If someone fails to meet a duty of diligence and a person is injured because of it this is considered negligence A person or company has an obligation of care towards the public in many situations This includes doctors preparing tax returns accountants who prepare tax returns and store owners removing snow from sidewalks to ensure people do not fall and harm themselves To be able to claim damages in a case of negligence you must prove that the party who injured you had a duty of duty that they breached this obligation and that their negligence caused your injury The standard of care is typically established by what other medical professionals would do under similar circumstances For example if a doctor performs surgery on the wrong leg it could be deemed a breach of duty because other surgeons working in similar circumstances would most likely examine the patients chart in a correct manner It is vital to note too that the standard of care should not be too high that it imposes unlimited liability on all parties It is a balance which is carefully scrutinized by juries in jury trials as well as judges in bench trials