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What Makes Injury Legal? The term”injury” legal is used to describe the harm or loss an individual suffers from another party's negligent actions or wrongful acts. It falls under the tort law. The most obvious kind of injury is one that's bodily, which includes things like concussion, whiplash and broken bones. It is essential to seek medical assistance for these injuries. Statute of Limitations The law sets a timeframe, called the statute of limitations within which an injured party can start a lawsuit. Failure to file a lawsuit will result in the claim being “time barred” and the party who was injured will not be able receive compensation for their losses. The statute of limitations varies from state to state, and also by type of case. The statute of limitations “clock” generally starts to tick when the accident or incident that resulted in injury occurs. There are a few exceptions to the rule, which can delay the filing of a lawsuit. The discovery rule is one such exception. It states that the statute-of-limits clock does not start until the injury has been discovered or ought to have been discovered. This is most commonly observed in cases that involve hidden conditions, like asbestos exposure or medical malpractice claims. Another exception is for minors who have a year following their 18th birthday to initiate litigation even although the statute of limitations usually runs before they reach the age of 19. There is also the “tolling” provision that allows the limitations period to be suspended during certain circumstances like military service and involuntary mental hospitalization. The statute of limitations could be extended for fraud or willful concealment. Damages Damages are the compensation paid to the victim of an act of tort (wrongful act). There are two basic types of damages: punitive and compensatory. Compensation damages compensate plaintiffs for their losses, and are intended to make them whole again after an injury, whereas punitive damages penalize the defendant for fraud, a wrongful act that caused harm, or gross negligence. The amount of damages awarded is highly subjective and based upon the unique facts of each case. A seasoned personal injury lawyer will assist you in documenting the full extent of your losses. This increases your chances of receiving the highest amount of compensation that is possible. For example the lawyer might use experts as witnesses to prove the severity of your pain and suffering and psychologist or psychiatrist expert witness to back up your claim for emotional distress. To get the maximum compensation, it is essential to document your losses now and in the future. Your lawyer will assist you to keep detailed records of expenses and financial losses incurred and the value of the future loss of income. This can be a bit complicated and usually involves calculating estimates based on the severity of your injury and its permanent disability which requires the assistance of experts. If the defendant does not have sufficient insurance to cover your claims, you might be able pursue an injunction against them. But, this is difficult if the defendant has significant assets or is a corporation with multiple assets. Statute of Repose There are some distinctions between statutes of limitation and statutes de repose. Both limit the time a plaintiff can bring a claim for injury however, there are some resemblances. Statutes of limitations are a procedural and forward-looking law while statutes of repose are substantive and retro-looking. A statute of repose, in short it's a law that specifies a timeframe that must be met before legal action is barred – without the same limitations that a statute limitations have. A statute of repose can be applied to construction defect lawsuits, products liability suits and medical malpractice claims. The major difference is that a statute starts to run following an event, whereas the statute of limitations usually starts when the plaintiff discovers or suffers an injury. This can be a problem in cases involving product liability. It could take several years before a plaintiff purchases and utilizes a product and the company is aware of any defects. Due to these distinctions, it's important 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 is a partner at Stark & Stark's Yardley, PA office and concentrates on Accident & Personal Injury Law. Contact him today to arrange a free consultation. Duty of Care A duty of care is a duty that a person owes others to exercise reasonable care when doing something that may foreseeably cause harm. If a person fails perform a duty of care and a person is injured due to it, it is considered to be a case of negligence. A business or individual has a duty of caring to the public in a variety of situations. This includes doctors who are preparing tax returns, accountants preparing tax returns, and store owners clearing snow from sidewalks to ensure people don't fall and harm themselves. To be injury lawsuit columbus to claim damages in a negligence case you must prove that the person who injured you was in an obligation of care and acted in breach of this obligation, and that their breach caused your injury. The norm of care is usually established by what other professionals would 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 under similar circumstances would most likely be able to read the patient's record correctly. It is important to remember that the standard of care should not be so high that it could impose unlimited liability on all parties. In jury trials, and in bench trials the balance is scrutinized by juries as well as judges.