What Makes Injury Legal?
Legal injury is a term used to describe the loss or damage that a person suffers as a result of the negligence or wrongdoing of another's actions. It falls under tort law.
The most obvious kind of injury is one that's bodily which includes things such as whiplash, concussions, and broken bones. It is imperative to seek medical attention for these injuries.
Statute of Limitations
The law sets a deadline known as the statute of limitations, within which an injured party can file a lawsuit. If you fail to comply with the statute of limitations, your claim will be "time-barred" and you won't be able recover compensation for your losses. The specifics of the statute of limitations differ from state to state and each type of instance has its own distinct time frame as well.
The statute of limitations "clock" typically starts ticking at the time that the accident or incident that resulted in injury occurs. There are some exceptions to the rule that can prolong the time required to file a lawsuit. The discovery rule is one such exception. It states that the statute-of-limits clock will not begin until the injury has been discovered or ought to have been discovered. This is typically seen in situations where the cause is hidden, such asbestos or certain medical malpractice claims.
A minor can also be granted an extra year to file a lawsuit even though the statute would normally expire before they turn 19. There is also the "tolling" provision, which suspends the limitations period during certain circumstances and events such as military service and involuntary mental hospitalization. Finally, there is the statute of limitations extension for willful concealment or fraudulent false representation.
Damages
Damages are compensation that is paid to the victim following an act of wrongdoing or tort. There are two main types of damages: compensatory and punitive. Compensatory damages pay plaintiffs back their losses and are designed to make them whole again after an accident, whereas punitive damages penalize the defendant for fraud, a malicious act that caused harm or gross negligence.
The amount of damages is extremely subjective and based on the particular facts of each case. An experienced personal injury attorney can assist you in determining the complete extent of your losses. This will increase your chances of obtaining the largest amount possible. For instance your lawyer could employ experts to testify about the extent of your suffering and pain as well as a psychological or psychiatric expert witness to support your claim for emotional distress.
To get the maximum compensation, it is essential to document your current and future losses. Your attorney will assist you keep detailed records of costs and financial losses you incur as well as the value of your future income loss. This can be difficult and often involves the calculation of estimates based upon your injury's permanent impairment or disability that requires the help of experts.
If the defendant has insufficient insurance coverage to cover your claims, you are able to pursue a civil judgment against them personally. injury lawsuit minnesota can be a challenge 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 limit the time a plaintiff has to bring a claim for injury however there are some commonalities. Statutes are procedural, forward-looking and substantive.
A statute of repose, or in other words, is a law which specifies a timeframe after which legal action is barred - without the same limitations that a statute limitations provide. A statute of repose is often applied to product liability suits and medical malpractice claims.
The major difference is that a statute starts to run after an event, while the statute of limitations usually begins when the plaintiff is aware of or suffers a loss. This can be a challenge in cases involving product liability. It could take a long time before a plaintiff purchases and utilizes a product and the company becomes aware of any flaws.
Because of these differences It is crucial to ensure that victims of injuries consult an attorney prior to the applicable statutes expire. Michael Ksiazek is a partner at the Stark & Stern's Yardley, PA office and focuses on Accident & Personal Injury Law. Contact him for a free consultation.
Duty of Care
A duty of care is an obligation that a person owes others to exercise reasonable care in doing anything that could be predicted to cause harm. It is generally considered negligence when a person fails to fulfill their duty of care, and someone is injured due to the negligence. A company or person has an obligation of care towards the public in various situations. This includes doctors who prepare tax returns, accountants making tax returns and store owners removing snow off the sidewalks so that people do not fall and injury themselves.
To be able to claim damages in a tort lawsuit 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 primary and most direct reason for your injury. The standard of care is usually established by what other medical professionals would do under similar circumstances. For example the case where a physician performs surgery on the wrong leg, it could be considered a breach of duty since other surgeons operating in similar circumstances could be able to read the patient's record correctly.
It is also important to note that the standard of care cannot be so high that it could make it impossible to impose liability on all parties. It is a balance that is carefully scrutinized by juries in jury trials as well as judges in bench trials.