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What Makes Injury Legal? Injury legal is a term used to describe the loss or harm suffered by an individual due to another party's negligent or wrongful actions. It falls under the umbrella of tort law. The most obvious type of injuries is the bodily that includes things like whiplash, concussion and broken bones. injury lawyer st paul must be treated by a medical professional. Statute of Limitations The law sets a deadline, called the statute of limitations, within which an injured party can start a lawsuit. If you fail to comply, your claim will be “time-barred” and you will not be able to get compensation for your losses. The statute of limitations varies from state to state and also depending on the type of case. The “clock” of the statute of limitations usually starts ticking when the accident or incident that caused the injury occurs. However, there are a few exceptions that could prolong the time required to file a lawsuit. One such exception is known as the discovery rule which states that the clock of statute of limitations cannot begin until the injury is discovered or reasonably could have been discovered. This is most commonly observed in cases that involve hidden circumstances, such as asbestos exposure or medical malpractice claims. A minor can also be granted an extra year to file a lawsuit, even although the statute would usually expire prior to 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. The statute of limitation can be extended in the event of fraud or willful concealment. Damages Damages are a form of compensation that is given to the victim following an act of wrongdoing or tort. There are two types of damages: compensatory and punitive. Compensatory damages aim to compensate the plaintiffs and restore them to their fullness after an injury. Punitive damages are intended to penalize defendants for fraud, malicious actions that cause harm, or gross negligence. The amount of damages awarded is dependent and based on the particular circumstances of each case. An experienced personal injury attorney can assist you in documenting the full extent of your losses. This will improve your chances of obtaining the maximum amount of compensation that is possible. For instance your lawyer could use experts to testify about the extent of your pain and suffering or a psychologist or psychiatrist expert witness to bolster your claim for emotional distress. In order to receive the maximum amount of amount of compensation, you should carefully record your losses now and in the future. Your lawyer will help you keep a detailed record of your expenses and financial losses incurred and the value of your lost income in the future. This can be difficult and usually involves the calculation of estimates based upon the permanent impairment caused by your injury or disability and requires the assistance of experts. If the defendant does not have sufficient insurance to cover your claims, then you might be able to pursue a civil judgment against them. However, this could be difficult if the defendant has a substantial amount of assets or is a company with multiple assets. Statute of Repose While statutes of limitations and statutes of repose both restrict the time a plaintiff can have to file a claim for damages There are a few notable differences between the two. Statutes are procedural, forward-looking and substantive. A statute of repose, or in other words it is a law that gives a time limit after which legal action is not allowed – without the limitations that a statute limitations provide. A statute of repose is usually used in product liability suits and medical malpractice claims. The biggest difference is that, while the statute of limitations typically starts to run when a 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 cases involving product liability. It could take years before a plaintiff purchases and uses a product and the company becomes aware of any issues. Due to these differences It is crucial that injured victims consult a personal attorney before the applicable statutes expire. Michael Ksiazek, a partner in Stark & Stark’s Yardley office, focuses on Accident and Injury Law. Contact him for a no-obligation consultation. Duty of Care A duty of care is an obligation one owes to others to exercise reasonable caution when performing a task that could foreseeably cause harm. If someone fails to meet a duty of diligence and someone is injured due to it, it is deemed to be negligence. A business or individual is bound by a duty of caring to the public in many situations. This includes doctors preparing tax returns, accountants who prepare tax returns, and store owners clearing snow from sidewalks to ensure people do not fall and end up hurting themselves. To be able to claim damages in a negligence claim, you must prove that the person who injured you was in the duty to protect you and acted in breach of this duty duty and that their negligence caused your injury. The standard of care is usually established by what other professionals would do under similar circumstances. For instance the case where a physician performs surgery on the wrong leg, it could be deemed a breach of duty since other surgeons operating in similar circumstances would most likely have read the patient's medical chart correctly. It is important to keep in mind, too, that the standard of care must not be too high that it imposes the same liability to all parties. It is a balance which is vetted by juries in jury trials, as well as judges in bench trials.