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What Makes Injury Legal? The term”injury legal” can be used to describe the harm, loss or damage that an individual suffers as a result from another party's negligent actions or wrongful acts. injury law firm milpitas falls under tort law. The most obvious type of injury is one that is bodily, which includes things like whiplash, concussion and broken bones. It is essential to seek medical help for these injuries. Statute of Limitations The law sets a deadline called the statute of limitations within which an injured person can start a lawsuit. Failure to comply with this deadline will result in the claim being “time barred” and the victim 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 instance has its own distinct time frame. The statute of limitations “clock” typically starts ticking at the time that the accident or incident that resulted in injury occurs. However, there are some exceptions that may extend the time for filing lawsuits. The discovery rule is one such exception. It states that the clock of the statute of limitations will not begin until the injury has been discovered or ought to have been discovered. This is most commonly seen in cases where conditions are concealed, such as asbestos or certain medical malpractice claims. Another exception is for minors, who have a year after their 18th birthday to begin legal proceedings even though the statute of limitations would normally run before they reach the age of 19. There is also the “tolling” provision that suspends the limitations period in certain situations and events including military service and involuntary mental hospitalization. In addition, there is the extension of the statute of limitations in the event of willful concealment or fraud. false representation. Damages Damages are compensation given to the victim in the aftermath of a tort or wrongdoing. There are two main types of damages: punitive and compensatory. Compensatory damages compensate plaintiffs for their losses and are designed to make them whole again after an injury, while punitive damages are intended to punish the defendant for fraud, a wrongful act that caused harm or gross negligence. The amount of damages you are able to claim is highly subjective and is based on each case's unique facts. An experienced personal injury attorney can help you document the full extent of your losses. This increases your odds of obtaining the most money possible. Your lawyer can call expert witnesses to describe the severity of your pain and suffering or to support your claim for emotional distress. Obtaining maximum compensation requires careful documentation of your current and future economic losses. Your lawyer will assist in keeping detailed documents of the expenses and financial losses you have incurred, and also in calculating the value of any future loss of income. This can be quite complicated and often requires making estimates based on your injury's permanent impairment or disability which requires the assistance of experts. If the defendant is not covered by insurance coverage to cover your claims, you can obtain a civil judgment against them personally. However, this can be extremely difficult unless the defendant has substantial assets or is a business with multiple assets. Statute of Repose While statutes of limitations and statutes of repose both restrict the time a plaintiff has to file a claim for damages However, there are some important distinctions between the two. Statutes of limitations are procedural and forward-looking and forward-looking, while statutes of repose are substantive and forward-looking. In simple terms it's a simple definition: a statute of repose is a law that establishes an exact deadline for when legal actions are barred- without the same exceptions as the statute of limitations. It is typical for a statute of repose to apply to construction defect cases, products liability lawsuits as well as medical malpractice claims. The primary difference is that a statute starts to run after an event, while a statue of limitations usually begins when the plaintiff is aware of or suffers a loss. This is a concern in product liability cases. It can take years before a plaintiff buys and uses a product and the company becomes aware of any issues. Due to these differences in the law, it is essential that victims of injury consult an attorney prior to the applicable statutes expire. Michael Ksiazek, a partner at Stark and Stark's Yardley office, focuses on Accident & Injury Law. Contact him today to arrange no-cost consultation. Duty of Care A duty of care is a duty one owes to others to exercise reasonable care in doing anything that could foreseeably cause harm. If someone fails to comply with a duty and suffers injury because of it, this is considered negligence. A business or individual has an obligation of care towards the public in a variety of situations. This includes doctors who are preparing tax returns, accountants preparing tax returns, and store owners clearing snow from sidewalks so that people do not fall and hurt themselves. In order to successfully claim damages in a tort claim you must prove that the party who injured you owed you a duty of care, and that they breached that duty of care, and that their breach was the direct and proximate cause of your injuries. The standard of care is typically established by what other professionals would do under similar circumstances. For example, if a doctor performs surgery on the wrong leg, it may be considered to be a breach of obligation because other surgeons in the same circumstances would likely read the patient's chart correctly. It is also important to note that the standard of care must not be high enough to make it impossible to impose liability on all parties. In jury trials, and in bench trials, the balance is carefully examined by both juries and judges.