Personal Injury claims are covered by tort law and involve any wrongdoing or harm that is done from one person to another. The harm may involve damage to the persons' property, rights, reputation, or physical body. A personal injury can occur in countless ways and under various circumstances in different places.
Laws governing personal injury vary from state to state, but there are some basic principles that are common to all personal injury claims.
Legal Elements involved in most Personal Injury Claims
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Most personal injury claims fall in the category of negligence. In order to succeed on a negligence theory, the injured person must be able to show:
Duty: The injured person must show that the person who injured them owed them a duty of care. Examples of this are landowners who have a duty to ensure that their premises are safe and drivers who owe all other drivers a duty to drive safely Breach of the duty: The person who injured them must have breached (broken) their duty of care. This may be done by specific acts or non-actions such as failure to make inspections Causation: The breach of the duty must have been the cause of the injury Damages: The injury must result in actual damage to the person or their property
A person filing a personal injury lawsuit must make sure that all of these elements will be met in order to recover.
Common Types of Personal Injury Claims
Personal Injury claims are too numerous to list all of them, but the following are the more common kinds:
Slip and Falls Automobile Collisions and Accidents Products Liability Construction Injuries Dog Bites Medical Malpractice suits Premises Liability
Calculating Damages Awarded to the Injured Party
Courts will consider several factors in awarding monetary damages to a plaintiff, such as:
How severe the injuries are
Hospital expenses such as medical bills and prescription medicines Whether the incident aggravated any pre-existing medical conditions or injuries Any amount of pain and suffering, especially if it severe Effect of the injuries on employment and personal lifestyle The plaintiff's age and mental/emotional/physical background Whether the injured party was partially or totally at fault by causing their own injury ("comparative/contributory negligence")
Steps You Can Take to Help Your Case
Whether or not you decide to hire a lawyer to assist you in your personal injury matters, you can take several steps that will help you succeed in your claim. These include:
Make a detailed account in writing which describes the facts of the incident Take photographs of the scene where the injury occurred Gather and assemble any physical evidence that may be related to the case Keep and make copies of all records such as medical bills, receipts, and traffic/police reports Identify and locate any witnesses to the event
Statute of Limitations: Time Limits on Filing
The injured party must also file their claim in a timely manner in order to satisfy the statute of limitations. The statute of limitations is the time period during which the claim must be filed. The time limit is usually anywhere from 2-6 years after the incident, depending on which state the injury occurred in. If the time period is exceeded, the statute of limitations is said to have expired, and the suit can no longer be filed.
In some circumstances the statute of limitations may be "tolled", meaning that the expiration period is suspended. This can happen for example if there is a pending proceeding such as a bankruptcy hearing, or if the injured person is a minor. In such cases, the statute of limitations will be tolled until the pending proceedings are concluded or the minor becomes of legal age. Several other instances may lead to tolling the statute of limitations.
Recap: Points to Consider
Personal injuries are very important because they can often have effects which reach far into the future. In the event that you hire a personal injury lawyer, here are some points to consider when you discuss with them:
Go over the details of your injury and make a written account soon while the event is still fresh in your memory Understand the legal elements involved in a personal injury lawsuit. Sometimes you can tell right away whether all the elements are satisfied or not Begin estimating what types of damages may be awarded and the amount Be sure to file your case early so you avoid any issues with the statute of limitations
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