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What Makes Injury Legal? The term injury legal is used to describe the damage, loss or damage that an person suffers of a negligent act or indefensible actions. It falls under the tort law. The most obvious accident is a bodily affliction which can include concussions whiplash, and fractured bones. It is imperative to seek medical help for these injuries. Statute of limitations The law establishes a time limit, called the statute of limitations within which an injured person is able to file an action. Failure to comply with this deadline will result in the claim being “time barred” and the victim will not be able claim compensation for their losses. The specifics of the statute of limitations can differ from state to state and each kind of case has its own time period as well. The “clock” of the statute of limitations typically starts to tick when an accident or incident that caused the injury occurs. However, there are some exceptions that could prolong the time required to file an action. The discovery rule is a prime exception. It states that the clock of the statute of limitations doesn't begin until the injury has been identified or ought to have been discovered. This is typically encountered in cases involving concealed circumstances, such as asbestos exposure or medical malpractice claims. Another exception applies to minors, who have one year from the age of 18 to start litigation even when the statute of limitations usually runs before they reach the age of 19. There is also the “tolling” provision, which extends the limitation period for certain situations and events including military service and involuntary mental hospitalization. Finally, there is the statute of limitations extension for fraud or willful falsification. Damages Damages are the amount of compensation that is paid to the victim of a tort (wrongful act). There are two kinds of damages: compensatory and punitive. Compensatory damages compensate plaintiffs for their losses and aim to help them recover after an accident, whereas punitive damages are intended to punish the defendant for fraud, a malicious act that caused harm, or gross negligence. The amount of damages you are able to claim is extremely subjective and based on each case's unique facts. An experienced personal injury attorney can assist you in determining the full extent of your losses. This will increase your chances of receiving the highest amount of compensation that you are able to. For instance the lawyer might use experts to testify on the extent of your suffering and pain, or a psychologist or psychiatrist expert witness to back up your emotional distress claim. To receive the most compensation, it is essential to document your losses now and in the future. Your attorney will assist you in keeping detailed notes of your expenses and financial losses that you incur, and will also calculate the value of future lost income. This can be complicated and often requires making estimates based on the severity of your injury and its permanent disability, which 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. injury law firm st petersburg isn't always easy unless the defendant is a major corporation or has multiple assets. Statute of Repose There are some differences between statutes of limitation and statutes de repose. Both restrict the time that a plaintiff is able to bring a claim for injury however there are some resemblances. Statutes are procedural, forward-looking and substantive. In essence, a statute of repose is a law that establishes the deadline by which legal actions are barred -without the same exceptions as a statute of limitation. It is typical for a statute of repose to apply to construction defect cases, product liability lawsuits, as well as medical malpractice claims. The primary difference is that a statute begins to run after an event, whereas the statute of limitations typically begins when a plaintiff finds or suffers a loss. This can be a challenge in cases involving product liability. It could take years before a plaintiff buys and uses a product and the company becomes aware of any issues. Because of these differences due to these differences, it is imperative that injured victims consult an attorney before the statutes that apply to them expire. Michael Ksiazek is a partner at the firm of Stark & Stark's Yardley, PA office and focuses on Accident and Personal Injury Law. Contact him today for a no-obligation consultation. Duty of Care A duty of care is the obligation that one owes to others to use reasonable caution when performing actions that could lead to harm. If a person fails to fulfill a duty of care and someone is injured as a result, this is considered to be a case of negligence. A business or individual is bound by the obligation of care to the public in many instances. This includes doctors who are preparing tax returns, accountants who prepare tax returns and store owners removing snow off the sidewalks so that people don't slip and harm themselves. To be able to claim damages in a negligence case, you must prove that the person who injured you owed a duty of duty and breached their obligation and that their negligence caused your injury. The level of care required is usually established by what other professionals do in similar circumstances. If a surgeon makes a surgical procedure on the wrong leg, this may be considered an infraction of duty since other surgeons follow the chart in similar circumstances. It is also important to remember that the standard of care can't be high enough to create a liability that is unlimited for all parties. It is a balance which is carefully scrutinized by juries in jury trials as well as judges in bench trials.