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What Makes Injury Legal? Injury legal is a term used to describe the harm or loss that a person suffers due to an other person's negligent or illegal actions. It is a part of tort law. The most obvious harm is a bodily, which includes concussions, whiplash, and fractured bones. These injuries must be treated by medical professionals. Statute of limitations The law provides the time frame, also known as the statute of limitations within which an injured party can file a lawsuit. If you do not comply, your claim will be “time-barred” and you won't be able obtain compensation for your losses. The statute of limitations varies from state to state and also depending on the type of claim. The statute of limitations “clock” generally begins to tick at the time the accident or incident causing injury occurs. There are some exceptions to the standard that may extend the time to file a lawsuit. One of these exceptions 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 could have been discovered. This is often encountered in cases involving concealed circumstances, such as asbestos exposure or medical malpractice claims. A minor may be granted an additional year to file a lawsuit even that the statute would typically expire before they turn 19. There is also the “tolling” provision that suspends the limitations period during certain circumstances, such as military service and involuntary mental hospitalization. The statute of limitations may be extended for fraud or willful concealment. Damages Damages are a form of compensation given to the victim of an act of tort (wrongful act). There are two types of damages: punitive and compensatory. Compensatory damages compensate plaintiffs for their losses and aim to restore their health after an accident, whereas punitive damages punish the defendant for fraud, an ill-intentional act that caused harm, or reckless negligence. The amount of damages is highly subjective, and based on each case's unique facts. A seasoned personal injury lawyer will assist you in documenting the extent of your losses. This will increase your odds of receiving the highest amount of compensation that is possible. Your lawyer can call expert witnesses to describe 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 lawyer will assist you to keep detailed records of expenses and financial loss incurred as well as the value of your future lost income. Experts are often required to calculate estimates based upon the permanent impairment or disability caused by your injury. If injury attorney washington doesn't have enough insurance to cover your claims, you may be able to pursue a civil lawsuit against them. However, this could be difficult if the defendant has substantial assets or is a corporation with multiple assets. Statute of Repose There are some distinctions between statutes of limitation and statutes of repose. Both restrict the time that a plaintiff can file a claim for injury however there are certain similarities. Statutes of limitations are a procedural and forward-looking law and forward-looking, while statutes of repose are substantive and forward-looking. In essence it's a simple definition: a statute of repose is a law that sets an exact deadline for when legal actions are barred — without the same exceptions as the statute of limitations. A statute of repose is often applied to product liability suits and medical malpractice claims. The main difference is that a statute starts to run following an event, while the statute of limitations generally begins when the plaintiff is aware of or suffers losses. This is a concern in cases involving product liability for instance, because it could take a long time for the plaintiff to purchase and use a product before the company might have been aware of any defect. Due to these distinctions in the law, it is essential that injury victims consult with a personal attorney before the statutes that apply to them expire. Michael Ksiazek, a partner in Stark & Stark’s Yardley office, focuses on Accident & Injury Law. Contact him today for no-cost consultation. Duty of Care A duty of care is a duty that a person owes others to exercise reasonable care in doing anything that could foreseeably cause harm. It is usually regarded as negligence when someone fails to perform their duty of care, and someone is injured in the process. There are a myriad of circumstances where a person or business is responsible for providing care to the public, for example accountants and doctors who prepare tax returns and store owners removing snow and ice from the sidewalks to prevent people from falling and injuring themselves. To be able to claim damages in a case of negligence, you must prove that the person who injured you was obligations to you, that they breached this duty duty and that their breach caused your injury. The standard of care is usually determined by what other experts perform in similar situations. For example in the event that a doctor does surgery on the wrong leg, it could be considered to be a breach of obligation because other surgeons in similar circumstances could be able to read the patient's record correctly. It is also important to keep in mind that the standard of care should not be so high as to impose unlimited liability on all parties. In jury trials, and in bench trials, the balance is carefully assessed by juries and judges.