What is a “Personal Injury” Lawsuit?
A personal injury lawsuit is based on Tort Law and protects your rights to be reasonably safe from harm caused by others. Tort law helps determine who is in the wrong and who must pay to compensate the injured party. The law also provides guidance as to how much compensation must be paid.
Accidents that cause injury cannot be planned for. They may happen anywhere, at any time, and result in any amount of unplanned expenses. Filing injury lawsuits helps to monetarily balance the imbalance caused by an unexpected injury.
Balance is sought by compensating you for economic damages and non-economic damages.
- Past, current, and future medical bills related to the injury
- Lost wages and future earnings
- Loss of a loved one’s wages
Non-economic damages are damages which you cannot easily attach a dollar sign. Such damages may include:
- Lowered quality of life
- Loss of enjoyment
- Extreme Stress
- Emotional Suffering
- Personal welfare burdens
These non-economic damages are real losses that deserve compensation. Compared to economic-damages such as the cost of missing four weeks of work, non-economic damages may be difficult to recognize and financially assess. A personal injury attorney can be very helpful in helping you assess what non-economic damages you may face and help you get fairly compensated for these losses.
There may be a cap on the maximum amount of economic and non-economic damages available to you. However, if your expenses exceed your state’s cap, an injury lawsuit attorney will still be able to argue for a fair award of economic and non-economic damages.
Negligence vs. Strict Liability
Generally a personal injury lawsuit requires proof of duty, breach, cause, and damages.
Strict Liability places legal responsibility on someone even if there has been no negligent breach of duty. Parties who may be subject to strict liability include:
- People engaged in inherently dangerous activities
- Owners of dangerous animals
Under a strict liability case, you do not have to prove that the other party was negligent. You still must prove that the other person caused your injury and must show what damages you seek.
The most common personal injury lawsuits involve:
- Slip and Fall Accidents
- Dog Bites
- Defective Products
- Premises Liability
- Professional Negligence
- Medical Malpractice
- Automobile Accidents
- Recreational Accidents
- Wrongful Death
Is There a Time Limit to File Injury Lawsuits?
Generally there is a two-year window in which you can file a lawsuit for injuries you suffered because of another’s negligence. After the time-period expires, an injured party, or plaintiff, is barred from filing a personal injury lawsuit against the negligent party, or defendant. This time period varies state to state, so it is imperative you speak with a personal injury law firm to determine what time limitations exist for you. Find an experienced personal injury law firm for help in filing an injury lawsuit.