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What Makes Injury Legal? The term”injury legal” can be used to describe the damage or loss an individual suffers from the negligence of another person's or indefensible actions. It is a part of tort law. The most obvious damage is a bodily injury, which includes concussions, whiplash, and broken bones. These injuries must be treated by an experienced medical professional. Statute of limitations The law sets a timeframe, known as the statute of limitations, within which an individual who has been injured may file a lawsuit. If you fail to meet the deadline, your claim will be “time-barred” and you won't be able to obtain compensation for your losses. The details of the statute of limitation vary from state to state, and each type of instance has its own distinct time frame, as well. The statute of limitations “clock” generally begins to tick at the point that the accident or incident that led to injury occurs. There are a few exceptions to the rule that can extend the time to file a lawsuit. The discovery rule is one such exception. It states that the clock of the statute of limitations is not set until the injury has been discovered or should have reasonably been discovered. injury law firm wilmington is typically encountered in cases involving concealed circumstances, such as asbestos exposure or certain medical malpractice claims. Another exemption is for minors who have a year after the age of 18 to start lawsuits, even although the statute of limitations typically runs before they reach the age of 19. There is also the “tolling” provision that extends the limitation period for certain situations and events including military service or involuntary mental hospitalization. The statute of limitations may be extended for fraud or deliberate concealment. Damages Damages are compensation given to the victim after the commission of a wrongdoing or a tort. There are two kinds of damages: punitive and compensatory. Compensatory damages compensate plaintiffs for their losses and aim to make them whole again following an injury, whereas punitive damages punish a defendant for fraud, a devious act that caused harm or reckless negligence. The amount of damages you are able to claim is highly subjective and is based on the specific facts of each case. An experienced personal injury attorney can assist you in documenting the full extent of your losses. This will increase your chance of obtaining the highest amount possible. For example, your lawyer may use experts to testify on the severity of your pain and suffering, or a psychological or psychiatric expert witness to strengthen your emotional distress claim. To get the maximum amount of compensation, you must have careful documentation of your present and future economic losses. Your lawyer will assist you to keep a detailed record of your costs and financial losses you incur as well as the value of the future loss of income. Experts are often required to calculate estimates based upon the permanent impairment or disability resulting from your injury. If the defendant does not have enough insurance to cover your claims, you may be able to seek a civil judgment against them. This isn't always easy unless the defendant is a large company or has multiple assets. Statute of Repose There are some distinctions between statutes of limitation and statutes of repose. Both restrict the time a plaintiff has to file a claim claiming injury however, there are certain similarities. Statutes of limitations are a procedural and forward-looking law while statutes of repose are substantive and forward-looking. A statute of repose, or in other words it is a law that establishes a time frame within which legal action is prohibited – with the same limitations that a statute limitations. A statute of repose is often applied to construction defect lawsuits, products liability suits, and medical malpractice claims. The primary difference is that a statute starts to run following an event, whereas the statute of limitations generally begins when a plaintiff finds or suffers the loss. This could be a problem in cases involving product liability. It could take a long time before a plaintiff purchases and uses a product, and the company becomes aware of any defects. Because of these differences due to these differences, it is imperative that injury victims consult with a personal attorney before the applicable statutes expire. Michael Ksiazek, a partner at Stark and Stark's Yardley office, concentrates on Accident & Injury Law. Contact him today to arrange free consultation. Duty of Care A duty of care is the obligation individuals owe to other people to exercise a reasonable amount of caution when performing actions that could lead to harm. If someone fails to perform a duty of care, and someone is injured because of it, this is considered negligence. There are a variety of situations in which a person or company is bound by a duty of care to the public, for example doctors and accountants preparing taxes and store owners clearing snow and ice from sidewalks to prevent people from falling and hurting themselves. In order to successfully claim damages in a tort claim it is necessary to show that the person who injured you was bound by the duty of care, and that they violated their duty of care and that their negligence was the primary and most direct cause of your injuries. The standard of care is generally established by what other medical professionals would do under similar circumstances. For example when a doctor performs surgery on the wrong leg, it may be considered a breach of obligation because other surgeons in similar circumstances would most likely be able to read the patient's record correctly. It is also important to remember that the standard of care cannot be high enough to limit liability to all parties. In jury trials, as well as in bench trials, the balance is carefully assessed by juries and judges.