10 Facts About Injury Attorney That Will Instantly Make You Feel Good Mood
What Makes Injury Legal?
injury law firm davie is a term used to define the harm or loss that a person suffers due to an individual's negligent or unlawful actions. It is a part of tort law.
The most obvious accident is a bodily affliction, which includes concussions, whiplash, fractured bones, and whiplash. It is imperative to seek medical treatment for these injuries.
Statute of Limitations
The law imposes an expiration date, known as the statute of limitations, within which an injured person is able to file an action. Failure to comply with this deadline will result in the claim being "time barred" and the person who was injured is not able to claim compensation for their losses. The details of the statute of limitations vary from state to state, and each kind of case has its own time period as well.
The statute of limitations "clock" generally starts to tick at the time the accident or incident that led to injury occurs. However, there are a few exceptions that may extend the time needed to file a lawsuit. One such exception is known as the discovery rule, which states that the statute of limitations clock cannot begin until the injury is discovered or should have been discovered. This is most commonly seen in cases where injuries are hidden, such as asbestos or certain medical malpractice claims.
A minor can also be granted an extra year to file a lawsuit, even when the statute of limitations would typically expire before turning 19. There is also the "tolling" provision which allows the limitations period to be suspended during certain circumstances, such as military service or involuntary mental hospitalization. Then, there's the statute of limitations extension for willful concealment or fraudulent misrepresentation.
Damages
Damages are the amount of compensation that is paid to the victim of an offense (wrongful act). There are two types of damages - compensatory and punitive. Compensation damages compensate plaintiffs for their losses and aim to help them recover following an injury, whereas punitive damages penalize the defendant for fraud, an ill-intentional act that caused harm or reckless negligence.
The amount of damage is highly subjective and is based on the unique circumstances of each individual case. An experienced personal injury attorney can assist you in documenting the extent of your losses. This will increase your chances of obtaining the largest amount possible. For instance your lawyer could use experts to testify about the extent of your suffering and pain 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 current and future economic losses. Your lawyer will assist you with keeping detailed records of the expenses and financial losses that you incur, and also calculating the value of any future loss of income. Experts are often needed to calculate estimates based on the permanent impairment or disability of your injury.
If the defendant's insurance coverage is inadequate, insurance coverage to cover your claims, you are able to seek a civil judgment against them personally. This can be difficult unless the defendant is a large corporation or has 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 bring a claim for injury however, there are some commonalities. Statutes of limitation are procedural and forward-looking statutes of repose are substantive and forward-looking.
In a nutshell it's a simple definition: a statute of repose is a law which sets an exact deadline for when legal actions are barredwithout the same exceptions as a statute of limitations. It is common for statutes of repose to be applied to cases involving construction defects, products liability lawsuits as well as medical malpractice claims.
The most notable difference is that while the statute of limitations usually starts to run when a plaintiff is hurt or becomes aware of their loss, a statute of repose generally begins to run when an incident triggers it. This could be a problem in cases involving product liability. It can take years before a plaintiff purchases and uses a product and the company is aware of any defects.
Because of these differences, it's important that victims of injury consult with a personal injury attorney near them before the applicable statutes of limitation and statutes of repose run out. 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 free consultation.
Duty of Care
A duty of care is the obligation that individuals owe to others to exercise reasonable caution when performing actions which could cause harm. It is generally regarded as negligence when someone fails to perform their duty of care and someone is injured as a result. There are many situations where a person or company is obligated to provide care to the public, including doctors and accountants preparing taxes and store owners removing snow and ice from sidewalks to prevent people from falling and injuring themselves.
To be able to claim damages in a negligence case you must prove that the person who injured you owed the duty to protect you and that they violated this obligation and that their negligence caused your injury. The level of care required is usually established by what other professionals perform in similar situations. For instance in the event that a doctor does 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 also important to remember that the standard of care should not be so high as to make it impossible to impose liability on all parties. In jury trials, as well as in bench trials, the balance is carefully scrutinized by juries as well as judges.