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What Makes Injury Legal? The term “injury legal” is used to describe the harm or loss suffered by an individual as a result of an other person's negligent or illegal actions. It is a part of tort law. The most obvious injury is a bodily injury which can include concussions whiplash, and broken bones. It is essential to seek medical attention for these injuries. Statute of Limitations The law sets the time frame, also known as the statute of limitations within which an injured person is able to file a lawsuit. If you fail to meet the deadline with the law, your claim will be “time-barred” and you won't be able recover compensation for your losses. The statute of limitations varies from state to state, and also by type of case. The statute of limitations “clock” typically starts ticking at the point that the accident or incident causing injury occurs. There are a few exceptions to the rule that can extend the time for filing a lawsuit. One such exception is known as the discovery rule, which states that the clock for the statute of limitations does not begin until the injury is discovered or ought to have been discovered. This is most commonly seen in cases involving hidden circumstances, such as asbestos exposure or medical malpractice claims. Another exception is for minors, who have one year from their 18th birthday when they can initiate lawsuits, even although the statute of limitations typically runs before they reach age 19. There is also the “tolling” provision that suspends the limitations period in certain circumstances and events including military service and involuntary mental hospitalization. The statute of limitations can be extended for fraudulent misrepresentation or intentional concealment. Damages Damages are compensation paid to the victim of an offense (wrongful act). There are two kinds of damages: compensatory and punitive. Compensatory damages are intended to compensate plaintiffs and restore them to their fullness after an injury. Punitive damages are meant to penalize defendants for fraudulent acts, devious actions that cause harm, or for gross negligence. The amount of damages you are able to claim is extremely subjective and based on the unique circumstances of each individual case. A personal injury lawyer with years of experience can assist you in documenting your losses in full. This will increase your chances of receiving the highest amount of compensation you can get. Your lawyer could call in experts to explain the severity 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 present and future economic losses. Your attorney will assist you in keeping detailed documents of the expenses and financial losses incurred as well as calculating the amount of future lost income. injury law firm loveland can be a bit complicated and often involves making estimates based on your injury's permanent impairment or disability and requires the assistance of experts. If the defendant has insufficient insurance coverage to cover your claims, then you can seek a civil judgment against them personally. However, this could be extremely difficult unless the defendant has a substantial amount of assets or is a corporate entity with multiple assets. Statute of Repose There are some distinctions between statutes of limitation and statutes of repose. Both limit the time a plaintiff can make a claim for injury, but there are also some similarities. Statutes of limitation are a procedural and forward-looking law, whereas statutes of repose are substantive and forward-looking. In a nutshell, a statute of repose is a law that establishes the deadline by which legal actions are barredwith the same exceptions as the statute of limitations. A statute of repose is typically applied to construction defect lawsuits, products liability suits and medical malpractice claims. The main difference is that a statute starts to run after an event, while the statute of limitations typically begins when a plaintiff finds or suffers losses. This can be an issue in cases involving product liability for instance, since 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 It is essential for injured victims 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 him to arrange a no-obligation consultation. Duty of Care A duty of care is the obligation that one owes to others to exercise reasonable caution when doing something that could cause harm. If someone fails to perform a duty of care and suffers injury as a result, this is deemed to be negligence. There are many instances in which a person or company is obligated to provide care to the public. This includes accountants and doctors preparing tax returns and store owners clearing snow and ice from the sidewalks to avoid people falling and hurting themselves. To be able to claim damages in a case of negligence, you must prove that the party who injured you had an obligation of care and that they violated this duty duty and that their lapse caused your injury. The standard of care is generally established by what other professionals would do in similar circumstances. If a surgeon makes a surgical procedure on the wrong leg it could be deemed an infraction of duty since other surgeons would have read the chart correctly under similar circumstances. It is crucial to remember, too, that the standard of care should not be so high that it imposes an unlimited liability on all parties. It is a balance that is carefully scrutinized by juries in jury trials, as well as judges in bench trials.