This Is The Injury Attorney Case Study You'll Never Forget
What Makes Injury Legal?
The term "injury legal" is used to define the harm or loss sustained by a person as a result of an other person's negligent or illegal actions. It is a part of tort law.
The most obvious form of injury is a bodily one that includes things like concussion, whiplash and broken bones. injury case nampa should be treated by an experienced medical professional.
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. In the event of a delay, it will result in the claim being "time barred" and the victim is not able to claim compensation for their losses. The time limit for a claim varies from state to state and depending on the type of claim.
The statute of limitations "clock" typically begins ticking when the accident or incident that caused injury occurs. However, there are many exceptions that could extend the time to file an action. The discovery rule is a prime exception. It states that the statute-of-limitations clock will not begin until the injury has been discovered or ought to have been discovered. This is most commonly seen in situations where the cause is concealed, like asbestos or certain medical malpractice claims.
A minor may be granted an additional year to file a lawsuit, even when the statute of limitations would typically expire before the age of 19. Then there is the "tolling" provision, which suspends the statute of limitations in certain events or circumstances such as military service or involuntary mental health commitments. Then, there's the statute of limitations extension for willful concealment or fraudulent false representation.
Damages
Damages are the compensation paid to the victim of the tort (wrongful act). There are two types of damages - compensatory and punitive. Compensatory damages compensate plaintiffs for their losses, and are intended to help them recover following an injury, whereas punitive damages punish a defendant for fraud, a wrongful act that caused harm or gross negligence.
The amount of damages awarded is highly dependent and based on the particular facts of each case. A personal injury lawyer with years of experience can assist you in documenting your losses in full. This will increase your chances of obtaining the most money possible. For example the lawyer might use expert witnesses to testify on the extent of your pain and suffering or a psychologist or psychiatrist expert witness to back up your claim for emotional distress.
To receive the maximum amount of compensation, you need to have thorough documentation of your present and future economic losses. Your attorney will assist you keep detailed records of expenses and financial losses incurred and the value of your future lost income. This can be a bit complicated and often involves the calculation of estimates based upon your injury's permanent impairment or disability which requires the assistance of experts.
If the defendant doesn't have sufficient insurance to cover your claims, then you might be able to obtain a civil judgment against them. But, this is very difficult unless the defendant has substantial assets or is a company with multiple assets.
Statute of Repose
There are some differences between statutes of limitation and statutes of repose. Both restrict the time a plaintiff is able to file a claim for injury however there are some resemblances. Statutes are procedural, forward-looking and substantive.
In a nutshell, a statute of repose is a law that establishes the deadline by which legal actions are barredwithout the same exceptions as a statute of limitations. A statute of repose is usually used in lawsuits involving construction defects, products liability suits and medical malpractice claims.
The main difference is that a statute begins to run following an event, while the statute of limitations typically begins when a plaintiff finds or suffers the loss. This can be a challenge in product liability cases. It could take years before a plaintiff purchases and uses a product and the company becomes aware of any issues.
Because of these differences and the fact that there are a variety of different laws, it is important for victims of injuries to speak with a personal injury attorney near them before the applicable statutes of limitation and repose statutes expire. Michael Ksiazek is a partner at Stark & Stark's Yardley, PA office and is a specialist in Accident and Personal Injury Law. Contact him today for a no-obligation consultation.
Duty of Care
A duty of care is the obligation one has to others to exercise reasonable caution when performing activities which could cause harm. It is generally considered negligence when someone fails to fulfill their duty of care and a person is injured due to the negligence. There are many instances in which a person or company is obligated to provide care to the public, for example accountants and doctors who prepare taxes and store owners clearing snow and ice off the sidewalks to prevent people from falling and injuring themselves.
To be able to claim damages in a negligence claim, you must prove that the person who injured you had an obligation of care, that they breached this obligation and that their breach caused your injury. The norm of care is usually established by what other professionals would do under similar circumstances. For example the case where a physician performs surgery on the wrong leg, it may be deemed a breach of obligation because other surgeons in similar circumstances could have read the patient's medical chart correctly.
It is important to note that the standard of care should not be excessive that it creates no limit on liability for all parties. It is a balance that is carefully reviewed by juries in jury trials as well as judges in bench trials.