A Journey Back In Time: How People Talked About Injury Attorney 20 Years Ago
What Makes Injury Legal?
The term injury legal is used to describe the harm, loss or damage that an individual suffers of a negligent act or wrongful conduct. It falls under the tort law.
The most obvious form of injuries is the bodily that includes things like whiplash, concussion, and broken bones. These injuries must be treated by an experienced medical professional.
injury lawyer north charleston of limitations
The law establishes a deadline, called the statute of limitations, within which an injured person can file a lawsuit. If you don't comply with the statute of limitations, your claim will be "time-barred" and you will not be able to recover compensation for your losses. The particulars of the statute of limitation vary from state to state and each type of claim has its own particular time frame, as well.
The "clock" of the statute of limitations typically begins to tick once the accident or incident which caused the injury occurs. There are some exceptions to the rule that can prolong the time required to file a lawsuit. The discovery rule is a prime exception. It states that the statute-of-limitations clock is not set until the injury has been discovered or should have reasonably been discovered. This is most commonly seen in situations where the cause is concealed, such as asbestos or certain medical malpractice claims.
Another exemption is for minors who have one year from their 18th birthday when they can initiate lawsuits, even when the statute of limitations typically runs before they reach the age of 19. There is also the "tolling" provision, which suspends the statute of limitations for certain events or circumstances such as military service or involuntary mental health obligations. The statute of limitation can be extended in the event of fraudulent misrepresentation or intentional concealment.
Damages
Damages are compensation given to the victim after an incident of negligence or a tort. There are two types of damages: compensatory and punitive. Compensation damages compensate plaintiffs for their losses, and are intended to make them whole again after an injury, whereas punitive damages punish a defendant for fraud, an ill-intentional act that caused harm, or reckless negligence.
The amount of damage is highly subjective, and based on each case's unique facts. A personal injury lawyer with experience can assist you in documenting your losses in full. This increases your odds of obtaining the highest amount possible. For example the lawyer might use experts to testify on the severity of your suffering and pain or a psychological or psychiatric expert witness to bolster your emotional distress claim.
In order to receive the maximum amount of compensation, it is essential to document your current and future losses. Your attorney will assist in keeping meticulous reports of the costs and financial losses that you incur, and also calculating the value of any future loss of income. This can be quite complicated and usually involves calculating estimates based on the permanent impairment caused by your injury or disability and requires the assistance of experts.
If the defendant's insurance coverage is inadequate, insurance coverage to pay your claims, then you can get a civil judgement against them personally. However, this can be extremely difficult unless the defendant has significant assets or is a business with multiple assets.
Statute of Repose
While statutes of limitations and statutes of repose both limit the amount of time a plaintiff must wait 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 establishes a time frame that must be met before legal action is barred - without the same exceptions that a statute or limitations would provide. It is typical for a statute of repose to apply to construction defect cases, products liability lawsuits as well as medical malpractice claims.
The major difference is that a statute starts to run after an event, while the statute of limitations usually begins when a plaintiff finds or suffers an injury. This can be a problem in product liability cases, for example, since it can take a long time for the plaintiff to purchase and use a product prior to the company is aware of any defect.
Because of these differences and the fact that there are a variety of different laws, it is important for injury victims to consult with a personal injury lawyer near them prior to when the applicable statutes of limitation and statutes of repose expire. Michael Ksiazek, a partner in 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 one owes to others to exercise reasonable caution when doing something that may cause harm in the future. If someone fails to meet a duty of diligence, and someone is injured as a result, this is considered to be negligence. There are a variety of situations in which a person or company is obligated to provide care to the public, such as accountants and doctors who prepare taxes and store owners who clear snow and ice off the sidewalks to avoid people falling and hurting 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 acted in breach of this obligation and that their negligence caused your injury. The standard of care is usually established by what other professionals perform in similar situations. For example the case where a physician performs surgery on the wrong leg, it may be considered a breach in duty since other surgeons operating in similar circumstances could be able to read the patient's record correctly.
It is important to keep in mind, too, that the standard of care must not be enough to impose an unlimited liability on all parties. It is a balance which is carefully scrutinized by juries in jury trials as well as judges in bench trials.