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What Makes Injury Legal Injury legal is a term used to describe the loss or harm that a person suffers as a result of an individuals negligent or unlawful actions It falls under the umbrella of tort law The most obvious form of injury is one thats bodily which includes things such as whiplash concussion and broken bones These injuries should be treated by medical professionals Statute of limitations The law establishes an amount of time referred to as the statute of limitations in which an injured person is able to file an action If you do not comply your claim will be timebarred and you will not be able get compensation for your losses The time period for the statute of limitations differs from state to state and also depending on the type of case The clock of the statute of limitations typically starts to tick when an accident or incident that caused the injury occurs There are a few exceptions to the rule which can extend the time to file a lawsuit The discovery rule is one such exception It states that the clock for the statute of limitations is not set until the injury has been identified or ought to have been discovered This is usually seen in cases where injuries are concealed like asbestos or certain medical malpractice claims injury lawsuit torrance is for minors who have a year following their 18th birthday to initiate legal proceedings even while the statute of limitation would normally run before they reach age 19 There is also the tolling provision which allows the limitations period to be suspended during certain circumstances and events such as military service or involuntary mental hospitalization In addition there is the statute of limitations extension for willful concealment or fraudulent false representation Damages Damages are a form of compensation given to the victim of an act of tort wrongful act There are two types of damages compensatory and punitive Compensatory damages are meant to compensate the plaintiffs and to make them whole after an injury Punitive damages are intended to punish the defendants for fraud malicious acts that caused harm or for gross negligence The amount of damages awarded is highly subjective and based on the unique circumstances of each case A personal injury lawyer with experience can assist you with logging your full losses This will increase your chances of obtaining the maximum amount of compensation that you are able to Your lawyer might call in experts to testify about the extent of your pain and suffering or to prove your claim for emotional distress To get the maximum compensation you must record your current and future losses Your attorney will assist you keep meticulous records of the costs and financial losses you incur as well as the value of your future income loss This can be difficult and usually involves making estimates based on your injurys permanent impairment or disability that requires the help of experts If the defendant doesnt have enough insurance to cover your claims you might be able pursue a civil judgment against them This isnt always easy unless the defendant is a major company or has multiple assets Statute of Repose There are some differences between statutes of limitation and statutes of repose Both restrict the time a plaintiff is able to bring a claim for injury however there are some commonalities Statutes are procedural forwardlooking and substantive In a nutshell the simplest terms a statute of repose is a law which sets a hard deadline after which legal actions are barred without the same exceptions as the statute of limitations A statute of repose is usually used in product liability suits and medical malpractice claims The primary difference is that a statute begins to run following an event whereas the statute of limitations typically begins when the plaintiff is aware of or suffers losses This can be an issue in cases involving product liability for example since it can take a long time for a plaintiff to purchase and use a product before the company was aware of any defects Because of these differences its important for victims of injuries to speak with a personal injury attorney close to them before the applicable statutes of limitations and repose statutes run out Michael Ksiazek a partner in Stark Starks Yardley office concentrates on Accident Injury Law Contact him to arrange a noobligation consultation Duty of Care A duty of care is an obligation one owes to others to exercise reasonable care when performing a task that could cause harm in the future If a person fails to perform a duty of care and suffers injury as a result this is considered to be a case of negligence A person or company has an obligation of care towards the public in many instances This includes doctors who prepare tax returns accountants making tax returns and store owners clearing snow off sidewalks to ensure that 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 owed obligations to you and that they violated this obligation and that their negligence caused your injury The standard of care is generally established by what other medical professionals would do in similar circumstances If a surgeon performs surgery in the wrong place it could be deemed unprofessional conduct since other surgeons would have be able to read the chart correctly in similar circumstances It is important to note that the standard of care should not be so high that it imposes no limit on liability for all parties This is a balance that is carefully reviewed by juries in jury trials as well as judges in bench trials