What Makes Injury Legal?
Legal injury is a term used to define the harm or loss sustained by a person due to the negligence or wrongdoing of another's actions. It falls under the tort law.
The most obvious injury is a bodily injury that includes concussions, whiplash, and broken bones. These injuries should be treated by an expert medical professional.
Statute of Limitations
The law sets a timeframe, called the statute of limitations within which an individual who has been injured may make a claim. Failure to file a lawsuit will result in the claim being "time barred" and the person who was injured cannot receive compensation for their 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 that the accident or incident that caused injury occurs. There are some exceptions to the rule, which can extend the time for filing a lawsuit. One such exception is known as the discovery rule, which states that the statute of limitations clock does not begin until the injury is discovered or reasonably ought to have been discovered. This is seen most often in cases where conditions are concealed, such as asbestos or certain medical malpractice claims.
injury lawyer massachusetts applies to minors, who have a year after their 18th birthday to begin litigation, even when the statute of limitations usually runs before they reach the age of 19. There is also the "tolling" provision, which suspends the limitations period in certain circumstances and events like military service and involuntary mental hospitalization. There is also the extension of the statute of limitations for willful concealment or fraudulent deception.
Damages
Damages are a form of compensation that is given to the victim after a tort or wrongdoing. There are two types of damages: compensatory and punitive. Compensatory damages are intended to compensate the plaintiffs and to make them whole after an injury. Punitive damages are designed to penalize defendants for fraudulent acts, devious actions that caused harm or for gross negligence.
The amount of damages you are able to claim is extremely subjective and based on the particular facts of each case. A personal injury lawyer with experience can help you document your full losses. This will increase your chances of obtaining the maximum amount of compensation possible. Your lawyer can call experts to explain the extent of your suffering, or to support your claim for emotional distress.
To get the maximum amount of compensation, you must have careful documentation of your current and future economic losses. Your lawyer will assist you to keep a detailed record of your expenses and financial loss incurred as well as the amount of your future income loss. This can be difficult and usually involves the calculation of estimates based upon the severity of your injury and its permanent disability which requires the assistance of experts.
If the defendant is not covered by insurance coverage to pay your claims, you may pursue a civil judgment against them personally. This isn't always easy unless the defendant is a large corporation or has multiple assets.
Statute of Repose
While statutes of limitations and statutes of repose limit the amount of time a plaintiff has to file a claim for damages There are a few notable differences between the two. Statutes are procedural, forward-looking and substantive.
In short it's a simple definition: a statute of repose is a law that sets an absolute deadline within which legal actions are barred -with the same exceptions as the statute of limitations. It's common for a statute of repose to apply to construction defect cases, product liability lawsuits and medical malpractice claims.
The most significant difference is that whereas the statute of limitations usually runs when the plaintiff suffers harm or discovers their loss the statute of repose usually begins to run when an incident triggers it. This could be a problem in product liability cases for instance, as it may take years for a plaintiff to purchase and use a product prior to the company was aware of any defect.
Due to these distinctions It is essential that victims of injury consult with a personal injury attorney close to them before the applicable statutes of limitations and statutes of repose run out. Michael Ksiazek, a partner in the Stark & Stark's Yardley office, concentrates on Accident and Injury Law. Contact him today for no-cost consultation.
Duty of Care
A duty of care is a duty one owes to others to exercise reasonable care when doing something that may be expected to cause harm. It is generally considered negligence when someone fails to meet their duty of care, and someone is injured in the process. A company or person has an obligation to care for the public in various situations. This includes doctors preparing tax returns, accountants working on tax returns, and store owners clearing snow off sidewalks to ensure that people do not fall and end up hurting themselves.
To successfully seek damages in a tort lawsuit, you will need to establish that the party that injured you had the duty of care, and that they breached their duty of care and that their breach was the primary and direct cause of your injury. The quality of care is typically determined by what other professionals do in similar situations. For example the case where a physician performs surgery on the wrong leg, it could be considered a breach in duty because other surgeons under similar circumstances will likely examine the patient's chart in a correct manner.
It is crucial to remember that the standard of care should not be enough to impose an unlimited liability on all parties. In jury trials, as well as in bench trials the balance is examined by both juries and judges.