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What Makes Injury Legal? The term”injury legal” is used to describe the damage or loss an individual suffers as a result from the negligence of another person's or wrongful conduct. It is a part of the tort law. The most obvious type of injuries is the bodily which includes things such as concussion, whiplash and broken bones. These injuries should be treated by an expert medical professional. Statute of limitations The law imposes a time limit, called the statute of limitations in which an injured party can file a lawsuit. If you fail to comply with the law, your claim will be “time-barred” and you won't be able get compensation for your losses. The particulars of the statute of limitations can differ between states, and each kind of case has its own specific time frame as well. The “clock” of the statute of limitations typically starts to tick when an accident or incident that caused the injury occurs. There are a few exceptions to the rule that could extend the time to file a lawsuit. The discovery rule is one such exception. It states that the clock of the statute of limitations is not set until the injury has been identified or ought to have been discovered. This is seen most often in cases where conditions are hidden, such asbestos or certain medical malpractice claims. A minor may also be granted an extra year to file a lawsuit even that the statute would typically expire prior to turning 19. There is also injury lawyer indianapolis tolling” provision, which extends the limitation period for certain circumstances such as military service or involuntary mental hospitalization. The statute of limitations could be extended for fraud or deliberate concealment. Damages Damages are the amount of compensation that is paid to the victim of an act of tort (wrongful act). There are two kinds of damages: punitive and compensatory. Compensatory damages are meant to compensate plaintiffs for their losses and are intended to restore their health after an accident, whereas punitive damages penalize the defendant for fraud, an ill-intentional act that caused harm, or gross negligence. The amount of damages you are able to claim is highly subjective, and is based on the specific facts of each case. An experienced personal injury attorney can assist you in documenting the complete extent of your losses. This will increase your odds of receiving the highest amount of compensation you can get. Your lawyer can call experts to testify about the severity of your pain and suffering or to back up your claim for emotional distress. Obtaining maximum compensation requires careful documentation of your present and future economic losses. Your lawyer will assist in keeping meticulous documents of the expenses and financial losses you have incurred, and also in calculating the value of your future loss of income. Experts are often needed to determine estimates based on the permanent impairment or disability of your injury. If the defendant has insufficient insurance coverage to pay your claims, you can get a civil judgement against them personally. However, this can be very difficult unless the defendant is a large asset or is a business with multiple assets. Statute of Repose There are some distinctions between statutes of limitation and statutes de repose. Both restrict the time a plaintiff can bring a claim for injury, but there are also some resemblances. Statutes of limitation are procedural and forward-looking while statutes of repose are substantive and retro-looking. In a nutshell the simplest terms, a statute of repose is a law which sets an absolute deadline within which legal actions are barred -without the same exceptions as a statute of limitation. It's common 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 starts to run following an event, while a statue of limitations usually begins when a plaintiff finds or suffers the loss. This can be a challenge in cases involving product liability. It could take a long time before a plaintiff buys and utilizes a product and the company is aware of any issues. Due to these distinctions and the fact that there are a variety of different laws, it is important that victims of injury consult with a personal injury lawyer near them before the applicable statutes of limitations and statutes of repose run out. Michael Ksiazek is a partner at the Stark & Stern's Yardley, PA office and focuses on Accident and Personal Injury Law. Contact him today for an initial consultation for no cost. Duty of Care A duty of care is the obligation people owe others to exercise reasonable care when doing something that could result in harm. It is generally regarded as negligence when someone fails to meet their duty of care and a person is injured due to the negligence. A business or individual is bound by the obligation of care to the public in various situations. This includes doctors who prepare tax returns, accountants who prepare tax returns, and store owners clearing snow from sidewalks so that people don't get harm themselves. To be able to claim damages in a negligence case you must prove that the person who injured you was an obligation of care and acted in breach of this duty of duty and that their lapse caused your injury. The standard of care is typically established by what other professionals would do under similar circumstances. If a surgeon makes a surgical procedure in the wrong place the procedure could be regarded as a breach of duty, since other surgeons would have read the chart correctly under similar circumstances. It is also important to keep in mind that the standard of care cannot be high enough to make it impossible to impose liability on all parties. In jury trials, and in bench trials, the balance is carefully examined by both juries and judges.