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What Makes Injury Legal? Legal injury is a term used to describe the loss or harm sustained by a person due to an individual's negligent or unlawful actions. It is a part of tort law. injury claim turlock of injuries is the bodily which includes things such as concussion, whiplash and broken bones. These injuries should be treated by a medical professional. Statute of limitations The law sets a deadline called 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 get compensation for your losses. The details of the statute of limitations differ from state to state, and each kind of case has its own time frame as well. The “clock” of the statute of limitations typically starts ticking when the accident or incident that caused the injury occurs. However, there are some exceptions that could prolong the time to file lawsuits. The discovery rule is one exception. It states that the clock of the statute of limitations is not set until the injury has been discovered or ought to have been discovered. This is typically seen in cases where injuries are hidden, such as asbestos or certain medical malpractice claims. Another exemption is for minors who have a year following the age of 18 to start litigation 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 circumstances and events including military service and involuntary mental hospitalization. Finally, there is the statute of limitations extension for willful concealment or falsification. Damages Damages are a form of compensation given to the victim of an offense (wrongful act). There are two kinds of damages – compensatory and punitive. Compensatory damages compensate plaintiffs for their losses and aim to restore them after an injury, whereas punitive damages punish a defendant for fraud, a malicious act that caused harm, or gross negligence. The amount of damage is extremely subjective and based on the specific facts of each case. A personal injury lawyer with years of experience can help you document the full extent of your losses. This will increase your chances of obtaining the highest amount possible. Your lawyer could call in experts to testify about the severity of your suffering or to back up your claim for emotional distress. To receive the maximum amount of compensation, you need to have thorough documentation of your present and future economic losses. Your attorney will help you keep a detailed record of all expenses and financial loss incurred as well as the amount of your future income loss. This can be quite complicated and usually involves formulating 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, then you might be able to seek an injunction against them. However, this could be difficult if the defendant has substantial assets or is a business with multiple assets. Statute of Repose There are some differences between statutes of limitation and statutes de repose. Both restrict the time that a plaintiff has to file a claim claiming injury, but there are also some resemblances. Statutes are procedural, forward-looking and substantive. In simple terms, a statute of repose is a law that imposes an absolute deadline within which legal actions are barred -with the same exceptions as a statute of limitations. It is common for a statute of repose to be applied to construction defect cases, product liability lawsuits as well as medical malpractice claims. The most significant distinction is that the statute of limitations usually is in effect when the plaintiff suffers injury or is aware of their loss and a statute of restraint generally begins to run when an event triggers it. This can be a problem in product liability cases. 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 is crucial that victims of injury consult an attorney prior to the applicable statutes expire. Michael Ksiazek, a partner in the Stark & Stark's Yardley office, concentrates on Accident and Injury Law. Contact him to arrange a no-obligation consultation. Duty of Care A duty of care is a duty that a person owes others to exercise reasonable care in doing anything that could foreseeably cause harm. When a person fails to comply with a duty and someone is injured because of it, this is considered to be negligence. A person or company has the obligation of care to the public in various situations. This includes doctors who prepare tax returns, accountants who prepare tax returns and store owners removing snow from sidewalks to ensure people don't get hurt themselves. To be able to claim damages in a case of negligence, you must prove that the person who injured you was the duty to protect you and breached their obligation, and that their breach caused your injury. The standard of care is typically established by what other professionals perform in similar situations. For example 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 read the patient's chart correctly. It is vital to note that the standard of care should not be too high that it imposes an unlimited liability on all parties. In jury trials, and in bench trials the balance is evaluated by juries as well as judges.