20 Trailblazers Lead The Way In Injury Attorney
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What Makes Injury Legal?
Legal injury is a term used to describe the loss or harm that an individual suffers as a result of another party's negligent or wrongful actions. It falls under the umbrella of tort law.
The most obvious type of injury case is one that's bodily, which includes things like whiplash, Injury Law concussions, and broken bones. These injuries should be treated by an expert medical professional.
Statute of limitations
The law sets a deadline, called the statute of limitations within which an injured person can start a lawsuit. If you do not comply with the statute of limitations, your claim is "time-barred" and you will not be able to obtain compensation for your losses. The specifics of the statute of limitation vary from state to state, and each type of case has its own specific time frame, as well.
The statute of limitations "clock" generally starts to tick when the accident or incident that led to injury litigation occurs. However, there are many exceptions that can extend the time required to file an action. The discovery rule is one such exception. It states that the clock for the statute of limitations does not start until the injury claim has been discovered or should have reasonably been discovered. This is seen most often in situations where the cause is hidden, such as asbestos or certain medical malpractice claims.
Another exemption is for minors who have a year from the age of 18 to start litigation even when the statute of limitations will normally expire before they reach the age of 19. Then there is the "tolling" provision that suspends the statute of limitations for certain situations or events like military service or involuntary mental health commitments. The statute of limitations may be extended for fraudulent misrepresentation or intentional concealment.
Damages
Damages are the amount of compensation that is paid to the victim of a tort (wrongful act). There are two main types of damages: compensatory and punitive. Compensatory damages pay plaintiffs back their losses and are intended to help them recover after an accident, whereas punitive damages are intended to punish the defendant for fraud, a devious act that caused harm or gross negligence.
The amount of damages awarded is dependent and based on the particular circumstances of each case. A personal injury lawyer with experience will assist you in capturing your losses in full. This will increase your chances of obtaining the maximum amount of compensation possible. Your lawyer might call in experts to provide evidence of the extent of your suffering or to support your claim for emotional distress.
To get the maximum compensation, you must document your current and future losses. Your attorney will assist you in keeping meticulous records of the expenses and financial losses that you incur, and also in 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 which requires the assistance of experts.
If the defendant does not have enough insurance to cover your claims, you could be able to pursue a civil lawsuit against them. However, this could 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 restrict the time a plaintiff has to file a claim for injury, but there are also certain similarities. Statutes are procedural, forward-looking and substantive.
A statute of repose, as it's known is a law that sets a deadline that must be met before legal action is not allowed - without the exceptions as a statute of limitations. It's common for a statute of repose to be applied to cases involving construction defects, products liability lawsuits, and medical malpractice claims.
The primary difference is that a statute begins to run after an event, while a statue of limitations usually begins when the plaintiff is aware of or suffers an injury. This can be a problem in cases involving product liability. It could take several years before a plaintiff buys and uses a product and the company becomes aware of any defects.
Because of these differences, it is important that victims of injury consult an attorney before the applicable statutes expire. Michael Ksiazek is a partner at Stark & Stark's Yardley, PA office and Injury Law concentrates on Accident and Personal Injury Law. Contact him today for a free consultation.
Duty of Care
A duty of care is a duty one owes to others to exercise reasonable care when doing something that could cause harm in the future. If a person fails perform a duty of care, and someone is injured because of it, this is considered to be a case of negligence. A business or individual has the obligation of care to the public in a variety of situations. This includes doctors preparing tax returns, accountants preparing tax returns, and store owners clearing snow from 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 party who injured you owed an obligation of care and acted in breach of this obligation, and that their breach caused your injury. The quality of care is typically established by what other professionals do in similar situations. For example when a doctor performs surgery on the wrong leg, it could be considered a breach in duty because other surgeons working in similar circumstances will likely have read the patient's medical chart correctly.
It is important to remember that the standard of care cannot be high enough to make it impossible to impose liability on all parties. This balance is carefully scrutinized by juries in jury trials as well as judges in bench trials.
Legal injury is a term used to describe the loss or harm that an individual suffers as a result of another party's negligent or wrongful actions. It falls under the umbrella of tort law.
The most obvious type of injury case is one that's bodily, which includes things like whiplash, Injury Law concussions, and broken bones. These injuries should be treated by an expert medical professional.
Statute of limitations
The law sets a deadline, called the statute of limitations within which an injured person can start a lawsuit. If you do not comply with the statute of limitations, your claim is "time-barred" and you will not be able to obtain compensation for your losses. The specifics of the statute of limitation vary from state to state, and each type of case has its own specific time frame, as well.
The statute of limitations "clock" generally starts to tick when the accident or incident that led to injury litigation occurs. However, there are many exceptions that can extend the time required to file an action. The discovery rule is one such exception. It states that the clock for the statute of limitations does not start until the injury claim has been discovered or should have reasonably been discovered. This is seen most often in situations where the cause is hidden, such as asbestos or certain medical malpractice claims.
Another exemption is for minors who have a year from the age of 18 to start litigation even when the statute of limitations will normally expire before they reach the age of 19. Then there is the "tolling" provision that suspends the statute of limitations for certain situations or events like military service or involuntary mental health commitments. The statute of limitations may be extended for fraudulent misrepresentation or intentional concealment.
Damages
Damages are the amount of compensation that is paid to the victim of a tort (wrongful act). There are two main types of damages: compensatory and punitive. Compensatory damages pay plaintiffs back their losses and are intended to help them recover after an accident, whereas punitive damages are intended to punish the defendant for fraud, a devious act that caused harm or gross negligence.
The amount of damages awarded is dependent and based on the particular circumstances of each case. A personal injury lawyer with experience will assist you in capturing your losses in full. This will increase your chances of obtaining the maximum amount of compensation possible. Your lawyer might call in experts to provide evidence of the extent of your suffering or to support your claim for emotional distress.
To get the maximum compensation, you must document your current and future losses. Your attorney will assist you in keeping meticulous records of the expenses and financial losses that you incur, and also in 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 which requires the assistance of experts.
If the defendant does not have enough insurance to cover your claims, you could be able to pursue a civil lawsuit against them. However, this could 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 restrict the time a plaintiff has to file a claim for injury, but there are also certain similarities. Statutes are procedural, forward-looking and substantive.
A statute of repose, as it's known is a law that sets a deadline that must be met before legal action is not allowed - without the exceptions as a statute of limitations. It's common for a statute of repose to be applied to cases involving construction defects, products liability lawsuits, and medical malpractice claims.
The primary difference is that a statute begins to run after an event, while a statue of limitations usually begins when the plaintiff is aware of or suffers an injury. This can be a problem in cases involving product liability. It could take several years before a plaintiff buys and uses a product and the company becomes aware of any defects.
Because of these differences, it is important that victims of injury consult an attorney before the applicable statutes expire. Michael Ksiazek is a partner at Stark & Stark's Yardley, PA office and Injury Law concentrates on Accident and Personal Injury Law. Contact him today for a free consultation.
Duty of Care
A duty of care is a duty one owes to others to exercise reasonable care when doing something that could cause harm in the future. If a person fails perform a duty of care, and someone is injured because of it, this is considered to be a case of negligence. A business or individual has the obligation of care to the public in a variety of situations. This includes doctors preparing tax returns, accountants preparing tax returns, and store owners clearing snow from 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 party who injured you owed an obligation of care and acted in breach of this obligation, and that their breach caused your injury. The quality of care is typically established by what other professionals do in similar situations. For example when a doctor performs surgery on the wrong leg, it could be considered a breach in duty because other surgeons working in similar circumstances will likely have read the patient's medical chart correctly.
It is important to remember that the standard of care cannot be high enough to make it impossible to impose liability on all parties. This balance is carefully scrutinized by juries in jury trials as well as judges in bench trials.
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