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What Makes Injury Legal?
Legal injury is a term used to describe the loss or harm suffered by an individual as a result of an other person's negligent or illegal actions. It falls under tort law.
The most obvious type of injury is one that's bodily which includes things such as whiplash, concussions, and broken bones. These injuries must be treated by an expert medical professional.
Statute of Limitations
The law sets a deadline, known as the statute of limitations, within which a person injured can make a claim. In the event of a delay, it will result in the claim being "time barred" and the injured party is not able to claim compensation for their losses. The particulars of the statute of limitations vary between states, and each kind of claim has its own particular time frame.
The statute of limitations "clock" generally starts to tick when the accident or incident that caused injury occurs. There are a few exceptions to the standard that may extend the time for filing a lawsuit. One of them is known as the discovery rule, which states that the clock for the statute of limitations is not set until the injury is discovered or should have been discovered. This is usually seen in situations where the cause is hidden, such as asbestos or certain medical malpractice claims.
A minor may be granted an additional year to file a lawsuit even though the statute would normally expire prior to turning 19. There is also the "tolling" provision that suspends the statute of limitation during certain circumstances, such as military service, or involuntary mental health obligations. Then, there's the statute of limitations extension for fraud or willful misrepresentation.
Damages
Damages are compensation that is paid to the victim in the aftermath of the commission of a wrongdoing or a tort. There are two types of damages - punitive and compensatory. Compensatory damages are meant to compensate plaintiffs for their losses and aim to make them whole again after an injury, while punitive damages are intended to punish the defendant for fraud, a malicious act that caused harm, or gross negligence.
The amount of damages awarded is highly subjective and based upon the unique facts of each case. A personal injury lawyer who has experience will assist you in capturing the full extent of your losses. This increases your chances of obtaining the highest amount possible. Your lawyer might call in expert witnesses to describe the extent of your suffering, or to prove 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 detailed notes of your expenses and financial losses incurred, and also calculating the value of any future loss of income. Experts are often required to estimate the value of your claim based on the permanent impairment or disability caused by your injury.
If the defendant does not have enough insurance coverage to pay your claims, you are able to obtain a civil judgment against them personally. But, this is very difficult unless the defendant is a large asset or is a corporation with multiple assets.
Statute of Repose
There are some differences between statutes of limitation and statutes de repose. Both restrict the time that a plaintiff has to bring a claim for injury however there are some commonalities. Statutes of limitation are procedural and forward-looking, whereas statutes of repose are substantive and forward-looking.
A statute of repose, in short, is a law which specifies a timeframe after which legal action is barred - without the same exceptions that a statute or limitations would provide. A statute of repose is often used in lawsuits involving construction defects, products liability suits, and medical malpractice claims.
The biggest distinction is that the statute of limitations typically begins to run when the plaintiff is injured or learns of their loss however, a statute of repose typically begins running when an event triggers it. This could be a problem in cases involving product liability for instance, as it may take years for the plaintiff to purchase and use a product, even before the company might have been aware of any defects.
Because of these differences due to these differences, it is crucial for victims of injuries to speak with a personal injury lawyer close to them before the applicable statutes of limitations and statutes of repose run out. Michael Ksiazek, a partner in Stark & Stark’s Yardley office, focuses on Accident and Injury Law. Contact injury law firm oklahoma city for a no-obligation consultation.
Duty of Care
A duty of care is a duty one owes to others to exercise reasonable care when doing something that could foreseeably cause harm. It is usually regarded as negligence when someone fails to meet their duty of care, and someone is injured due to the negligence. There are a variety of situations in which a person or company is bound by a duty of care to the public, for example doctors and accountants preparing taxes and store owners clearing snow and ice off the sidewalks to avoid people falling and hurting themselves.
To successfully seek damages in a case of tort you will need to show that the person who injured you was owed the duty of care, and that they breached that duty of care and that their negligence was the primary and direct cause of your injury. The norm of care is usually established by what other medical professionals would do in similar circumstances. If a surgeon makes a surgical procedure on the wrong leg this could be considered unprofessional conduct, because other surgeons are likely to read the chart correctly under similar circumstances.
It is also important to keep in mind that the standard of care must not be so high that it will create a liability that is unlimited for all parties. In jury trials, and in bench trials, the balance is carefully assessed by juries and judges.