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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 of another's negligence or indefensible actions. It is a part of tort law. The most obvious kind of injury is a bodily one, which includes things like whiplash, concussions, and broken bones. These injuries should be treated by a medical professional. Statute of limitations The law establishes 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 person who was injured will not be able to claim compensation for their losses. The statute of limitations varies from state to state and also according to the type of case. The “clock” of the statute of limitations typically starts to tick when an incident or accident that caused the injury occurs. However, there are several exceptions that could prolong the time to file lawsuits. The discovery rule is one exception. It states that the clock for the statute of limitations is not set until the injury has been identified or should have reasonably been discovered. This is most commonly found in cases involving hidden issues, such as asbestos exposure or certain medical malpractice claims. Another exception applies to minors, who have a year from their 18th birthday when they can initiate litigation even while the statute of limitation would normally run before they reach the age of 19. There is also the “tolling” provision that suspends the limitations period in certain circumstances and events like military service or involuntary mental hospitalization. Finally, there is the extension of the statute of limitations for fraud or willful misrepresentation. Damages Damages are a form of compensation that is given to the victim after an act of wrongdoing or tort. There are two types of damages: compensatory and punitive. Compensatory damages compensate plaintiffs for their losses and aim to restore them after an accident, whereas punitive damages punish a defendant for fraud, a devious 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. A personal injury lawyer who has experience can assist you in documenting your entire loss. This increases your chances of obtaining the maximum amount of compensation that you are able to. For example your lawyer could use expert witnesses to testify on the severity of your pain and suffering or a psychologist or psychiatrist expert witness to support your claim for emotional distress. To get the maximum compensation, you must carefully record your current and future losses. Your lawyer will assist you to keep detailed records of costs and financial losses you incur in addition to the value of the future loss of income. This can be difficult and often requires the calculation of estimates based upon the permanent impairment caused by your injury or disability, which requires the assistance of experts. If the defendant's insurance coverage is inadequate, insurance coverage to cover your claims, you may get a civil judgement against them personally. This can be difficult if the defendant has substantial assets or is a company with multiple assets. Statute of Repose While statutes of limitations and statutes of repose limit the amount of time a plaintiff has to file a claim for damages however, there are some significant differences between the two. Statutes are procedural, forward-looking and substantive. A statute of repose, in short it's a law that sets a deadline after which legal action is barred – without the same limitations that a statute limitations have. A statute of repose is often used in cases involving defective construction, products liability suits and medical malpractice claims. The most notable distinction is that a statute of limitations typically starts to run when a plaintiff suffers harm or discovers their loss, a statute of repose usually begins to run when an incident triggers it. This can be an issue in product liability cases for instance, because it could take a long time for a plaintiff to purchase and use a product before the company might have been aware of any defect. Due to these differences, it's important for injury victims to consult with a personal injury lawyer near them before the applicable statutes of limitations and statutes of repose run out. injury lawyer tucson , a partner in Stark & Stark’s Yardley office, concentrates on Accident & Injury Law. Contact him today for free consultation. Duty of Care A duty of care is the obligation that one has to other people to exercise a reasonable amount of caution when doing things that could lead to harm. If someone fails to fulfill a duty of care and a person is injured due to it, it is considered to be negligence. There are many instances in which a person or company is obligated to provide care to the public, such as accountants and doctors preparing tax returns and store owners cleaning snow and ice off sidewalks to prevent people from falling and hurting themselves. In order to successfully claim damages in a tort lawsuit, you will need to prove that the party who injured you was owed the duty of care, that they violated that duty of care and that their negligence was the primary and direct cause of your injury. The standard of care is usually established by what other professionals would do under similar circumstances. For example the case where a physician performs surgery on the wrong leg, it may be considered a breach in obligation because other surgeons in similar circumstances would most likely be able to read the patient's record correctly. It is important to remember that the standard of care can't be high enough to limit liability to all parties. This balance is vetted by juries in jury trials, as well as judges in bench trials.