Limitations in Personal Injury Lawsuits
A personal injury lawsuit is filed by the injured individual to claim compensation for the injury/damage. Compensation may be claimed if an individual suffers injury due to a car accident, slip and fall, dog bites, etc. if someone else is responsible for the injury.
However, there are certain limitations while filing a personal injury case that you must be aware of.
Watch out for the Deadline
Every state in the US specifies a certain time limit before which a personal injury lawsuit may be filed after the injury occurs. The time restrictions vary for different types of cases.
Here are some common statutes of limitations:
Physical Injury:
If you are hurt due to the negligence of another person in instances such as accidents, assault, battery, etc., you will need to file the case within 2 years from the date of the injury.
Damage to Property:
In case your property is damaged due to an act of another, you can file for compensation against that individual. Damage to the property could be trespassing in your property, crashing your vehicle, etc. A plaintiff can file a lawsuit for claims of compensation for damage to his property within 3 years after the date of the damage.
Defamation:
You can file a lawsuit against someone who defames you in print, writing, or verbally within one year from the date of the injury.
Patent Defects:
These lawsuits are filed against architects, contractors, builders, etc. in case the design or construction of a property causes injury to an individual or a property. These lawsuits need to be filed four years from the date when the construction was completed.
Medical Malpractice:
A lawsuit against a healthcare provider for medical malpractice must be filed within one year from the date the plaintiff knows about the injury, or three years from the date of the injury, whichever is earlier.
However, these time restrictions may vary from state to state.
Exceptions to the Deadlines
The statute of limitations can extend under certain circumstances. An extension may be granted if the injured person is a minor or if he is mentally incapacitated. The deadline may also be extended if the defendant in the case has left the state for a certain period after the accident.
It is also important to note that a single instance of personal injury may contain more than one claim. For instance, if an individual gets injured in a car accident, he may file lawsuits for compensation for medical expenses for the treatment, damage to his car, loss of wages, etc. The statutes of limitations for each one of these lawsuits is different.
Only an experienced personal injury lawyer is aware of these deadlines for different types of cases. Therefore, you will need the services of the best personal injury lawyers to safeguard your interests.
Johnson & Autrey Law firm has the best personal injury lawyers. Our lawyers are well-well-experienced and knowledgeable. They are licensed to represent clients in State, Federal, and Judicial courts in North Dakota.
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What types of Personal Injuries can be Compensated for?
No one likes being involved in a lawsuit, especially if it involves a court trial. However, many a time, we find ourselves facing circumstances where either we are being sued or we need to sue someone.
Personal Injury cases are typical examples where the individual who is injured needs protection of rights, and receive the compensation that he deserves.
Often the victims in a personal injury case are unaware of their rights and do not fight for them.
Here’s a look at the type of injuries that can be categorized as personal injuries for which the victim is eligible for compensation:
Auto Accidents:
If you are injured in a vehicle accident due to the fault of someone else, you have a right to claim monetary compensation. The accident may be caused due to the irresponsible behavior of another driver, a passenger, or even a pedestrian, etc. Whoever is responsible for causing the accident is liable to pay the injured individual.
Wrongful Death:
A death is identified as a “wrongful death” when it occurs due to the careless behavior of another person. Some examples are deaths due to car/truck crashes, medical malpractice, workplace accidents, and many more.
In case of wrongful death, the party responsible for the death is liable to provide compensation to the family of the deceased.
Slip and Fall Cases:
An individual can file a personal injury case if he experiences an injury due to a fall on a property that is ill-maintained.
A slip and fall victim can sue if he falls due to conditions like torn carpeting, flooring changes, low lighting, etc.
One can also claim compensation if he suffers slip and fall accident if he trips on a broken sidewalk, or falls on a flight of stairs.
You have a right to file for a personal injury case if you slip and fall because of rain, snow, ice, or hidden hazards such as potholes.
Accidents at Workplace:
Personal injury cases that occur at the workplace could be due to slip and fall, hazardous workplace conditions or accidents caused due to hazardous material being used, etc.
The injured person can claim a worker’s compensation claim from the organization. The compensation can include expenses towards medical treatment, lost wages, or a lumpsum payment.
Product Liability:
If a product you purchased malfunctions and causes an injury to you, you can claim compensation from the manufacturer.
Medical Malpractice:
An injury caused due to negligence by a doctor is considered medical malpractice. The patient has the legal right to claim compensation from the doctor.
Defamation:
An individual can file a defamation case against someone who tarnishes his/her reputation. A defamation lawsuit qualifies as a personal injury case because it causes personal harm to the individual.
In addition to these, there are several other instances of personal injury where the injured person can file a personal injury lawsuit and claim compensation. Only a personal injury lawyer can guide and represent you in matters of personal injury.
Johnson & Autrey Law Firm has the best personal injury lawyers who ensure that the plaintiff they are representing gets adequate compensation.
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