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What Makes Injury Legal? The term “injury legal” is used to define the harm or loss that a person suffers as a result of an individual's negligent or unlawful actions. It falls under the umbrella of tort law. The most obvious type of injury is one that is bodily that includes things like whiplash, concussions, and broken bones. It is essential to seek medical treatment for these injuries. Statute of Limitations The law sets a deadline, called the statute of limitations, within which a person injured can file a lawsuit. If you don't comply with the law, your claim will be “time-barred” and you won't be able get compensation for your losses. The time-limit for claims varies from states to states and depending on the type of case. The “clock” of the statute of limitations usually starts to tick when an incident or accident that caused the injury occurs. However, there are several exceptions that could extend the time for filing lawsuits. The discovery rule is a prime exception. It states that the clock for the statute of limitations doesn't begin until the injury has been discovered or should have reasonably been discovered. This is usually encountered in cases involving concealed issues, such as asbestos exposure or medical malpractice claims. Another exception is for minors, who have a year from their 18th birthday to initiate legal proceedings even while the statute of limitation will normally expire before they reach age 19. Then there is the “tolling” provision, which suspends the statute of limitations during certain events or circumstances such as military service, or involuntary mental health obligations. In addition, there is the extension of the statute of limitations for fraud or willful misrepresentation. Damages Damages are a form of compensation given to the victim of an offense (wrongful act). There are two kinds of damages: punitive and compensatory. Compensation damages compensate plaintiffs for their losses and are designed to restore their health following an injury, whereas punitive damages punish the defendant for fraud, an ill-intentional act that caused harm, or gross negligence. The amount of damages awarded is subjective and based on the specific facts of each case. A personal injury lawyer with experience can help you document the full extent of your losses. This will increase your chances of obtaining the largest amount possible. Your lawyer could call in experts to explain the severity of your pain and suffering, or to prove your claim for emotional distress. To receive the most amount of compensation, you should carefully document your losses now and in the future. Your lawyer will assist you to keep a detailed record of all expenses and financial loss incurred as well as the value of the future loss of income. This can be complicated and often involves the calculation of estimates based upon the severity of your injury and its permanent disability that requires the help of experts. If the defendant does not have sufficient insurance to cover your claims, you may be able to obtain an injunction against them. This isn't always easy unless the defendant is a major corporation or has multiple assets. Statute of Repose There are some differences between statutes of limitation and statutes of repose. Both limit the time a plaintiff is able to make a claim for injury, but there are also some similarities. Statutes of limitation are a procedural and forward-looking law, whereas statutes of repose are substantive and retro-looking. In essence an esoteric sense, a statute or repose is a law that imposes a hard deadline after which legal actions are barred -with the same exceptions as a statute of limitation. A statute of repose is typically applied to product liability suits and medical malpractice claims. The primary difference is that a statute starts to run following an event, while the statute of limitations usually begins when a plaintiff finds or suffers an injury. injury attorney naperville can be an issue in cases involving product liability, for example, since it could take years for a plaintiff to purchase and use a product before the company was aware of any defects. Due to these distinctions It is crucial that injury victims consult with an attorney before the applicable statutes expire. Michael Ksiazek, a partner at Stark and Stark's Yardley office, concentrates on Accident and Injury Law. Contact him today for a no-obligation consultation. Duty of Care A duty of care is the obligation one owes to other people to exercise a reasonable amount of caution when performing actions that could result in harm. It is generally considered negligence when an individual fails to fulfill their duty of care and someone is injured in the process. There are a variety of situations where a person or company owes a duty of care to the public, for example doctors and accountants preparing taxes and store owners removing snow and ice from the sidewalks to avoid people falling and causing injury to themselves. To be able to claim damages in a tort lawsuit you will need to establish that the party that injured you was bound by the duty of care, and that they breached their duty of care and that their breach was the primary and most direct cause of your injury. The standard of care is usually determined by what other doctors would do in similar circumstances. If a surgeon makes a surgical procedure in the wrong leg, this may be considered unprofessional conduct, because other surgeons are likely to be able to read the chart correctly in similar circumstances. It is also important to note that the standard of care must not be so high as to limit liability to all parties. It is a balance which is vetted by juries in jury trials, as well as judges in bench trials.