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What Makes Injury Legal? The term injury legal is used to describe the harm or loss an person suffers from the negligence of another person's or wrongful acts. It falls under the umbrella of tort law. The most obvious injury is a bodily injury that includes concussions, whiplash, fractured bones, and whiplash. These injuries must be treated by a medical professional. Statute of Limitations The law provides an expiration date, known as the statute of limitations, within which an injured person has the option of filing an action. If you fail to meet the deadline with the statute of limitations, your claim is “time-barred” and you won't be able to get compensation for your losses. The specifics of the statute of limitations differ between states, and each kind of instance has its own distinct time frame as well. The “clock” of the statute of limitations usually starts to tick when an accident or incident which caused the injury occurs. There are some exceptions to the rule, which can prolong the time required to file a lawsuit. The discovery rule is an exception. It states that the statute-of-limitations clock doesn't begin until the injury has been identified or should have reasonably been discovered. This is seen most often in situations where the cause is hidden, such asbestos or certain medical malpractice claims. A minor may also be granted an extra year to file a lawsuit, even when the statute of limitations would typically expire before the age of 19. Then there is the “tolling” provision that suspends the statute of limitations for certain events or situations such as military service or involuntary mental health commitments. In addition, there is the statute of limitations extension for willful concealment or fraudulent falsification. Damages Damages are a form of compensation that is given to the victim in the aftermath of an incident of negligence or a tort. There are two kinds of damages – compensatory and punitive. Compensatory damages are intended to compensate the plaintiffs and to make them whole after an injury. Punitive damages are meant to punish the defendants for fraud, malicious actions that cause harm, or gross negligence. The amount of damages awarded is subjective and based upon the particular facts of each case. A personal injury lawyer with years of experience can assist you in documenting your entire loss. This will increase your chances of receiving the highest amount of compensation that is possible. Your lawyer can call experts to provide evidence of the severity of your pain and suffering, or to support your claim for emotional distress. To receive the highest amount of compensation, it is essential to document your losses now and in the future. Your attorney will assist you with keeping detailed notes of your expenses and financial losses incurred as well as calculating the value of future lost income. This can be a bit complicated and often involves the calculation of estimates based upon the permanent impairment caused by your injury or disability and requires the assistance of experts. If the defendant has insufficient insurance coverage to cover your claims, you can seek a civil judgment against them personally. However, this can be difficult if the defendant has substantial assets or is a company with multiple assets. Statute of Repose There are some distinctions 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 it is a law that gives a time limit when legal action can be barred – without the same exceptions as a statute or limitations provide. A statute of repose can be used in construction defect lawsuits, products liability suits, and medical malpractice claims. The major difference is that a statute begins to run following an event, whereas the statute of limitations usually begins when the plaintiff notices or suffers losses. This is a concern in product liability cases. It could take a long time before a plaintiff buys and uses a product and the company becomes aware of any defects. Because of these differences It is essential for victims of injuries to speak with a personal injury attorney near them prior to when the applicable statutes of limitations and repose statutes expire. Michael Ksiazek is a partner at Stark and Stark's Yardley, PA office and concentrates on Accident & Personal Injury Law. Contact him today to arrange a free consultation. Duty of Care A duty of care is a duty that a person owes others to exercise reasonable care when performing a task that could be predicted to cause harm. It is generally regarded as negligence when a person fails meet their duty of care and someone gets injured as a result. There are many instances in which a person or company is bound by a duty of care to the public. This includes accountants and doctors preparing tax returns and store owners cleaning snow and ice from the sidewalks to avoid people falling and hurting themselves. To be able to claim damages in a negligence case you must prove that the person who injured you was in an obligation of care and breached their duty duty and that their negligence caused your injury. injury lawsuit federal way of care required is usually determined by what other doctors do in similar circumstances. If a doctor performs surgery in the wrong limb the procedure could be regarded as to be a breach of duty since other surgeons follow the chart in similar circumstances. It is also important to note that the standard of care cannot be so high that it will make it impossible to impose liability on all parties. In jury trials, as well as in bench trials the balance is assessed by juries and judges.