There are several essential facts that you should know about personal injury lawyers. These facts will help you understand the role of a personal injury lawyer in your case. For example, you should know about the statute of limitations for filing a personal injury lawsuit, and what types of personal injury lawsuits are most common in the U.S.
A personal injury lawyer is a lawyer who represents people who someone else’s actions have injured. The process is often complex, and personal injury attorneys in Los Angeles can help you sort through the red tape. In addition, they help you determine who is at fault and responsible for your damages.
A personal injury lawyer primarily practices tort law, a legal field covering cases involving bodily, mental, or emotional injuries. Such injuries can result from accidents, negligent behavior, defective products, and intentional harm. Although personal injury lawyers may appear in trials, most cases are settled before trial.
A plaintiff must show that the defendant violated a legal duty to win a personal injury lawsuit. The specific duty varies depending on the situation. For example, a doctor must treat patients within the medical standard of care, while a manufacturer must ensure that a product is safe.
Personal injury law covers cases where someone’s negligence, wrongful actions, or recklessness results in a person’s physical or emotional injury. This may include car accidents, slip, and fall incidents, medical malpractice, and sexual assault. Intentional acts like battery and assault may also result in a personal injury claim. A product may also be defective and cause harm, and the victim may be able to file a lawsuit against the manufacturer.
Statute Of Limitations For Filing A Personal Injury Lawsuit
The statute of limitations for filing a personal injury lawsuit varies from state to state. It begins to run from discovering that you were injured. However, the statute of limitations can be extended for injuries that were not obvious at the time. There are also different time limits for cases filed against a municipality, defined as any local government entity.
The deadlines vary from state to state and are based on the circumstances of the incident. You must file within the applicable time limit, or your claim may be permanently barred. To avoid this, you should carefully research your legal situation and determine your state’s applicable statute of limitations.
Some exceptions exist to these general time limits, such as if the victim is a minor. For example, if a child is a victim of an accident, they have one year to file a lawsuit. In addition, in cases involving medical malpractice, the statute of limitations for filing a lawsuit can be extended by ten years.
Types of Personal Injury Lawsuits
Several common types of personal injury lawsuits in the U.S. Some involve intentional conduct, such as a vehicle crash. In these cases, the person who caused the accident may be liable for the damages, including pain and suffering. Others involve class action suits against drug companies.
Many car accidents occur yearly in the U.S. Countless individuals end up in the emergency room because of negligence. These accidents often result in medical expenses, time lost from work, property damage, and emotional distress. A personal injury attorney can help victims seek justice and compensation for their pain and suffering.
The majority of personal injury lawsuits are related to car accidents. However, medical malpractice and slip-and-fall accidents are common as well. Aside from these common personal injury cases, you can also file a claim for negligent product liability. And, if the person responsible for the injury has no insurance, they could be held liable for the damages incurred by the victim.