Personal Injury Lawsuits, Statute of Limitations, Type of Damages
Statute of Limitations, Types of Damages
Personal injury lawsuit’s statute of limitations vary from state to state and dependant on who is the defendant. This article delves into the elements involved in filing a personal injury lawsuit and the types thereof.
Statute of Limitations on Personal Injury Lawsuits
Filing a Personal Injury Lawsuit
- Negligence – the defendant failed to prevent your injury, and is therefore responsible for causing it. An example might be a horseback riding instructor who asks you to take your horse over a series of jumps without first warning you that the ground is muddy. If your horse slips and falls on you, perhaps resulting in a broken arm or debilitating back pain, your instructor may be deemed negligent and therefore responsible for your injury.
- Strict Liability – this type of liability applies regardless of negligence, and is also known as product liability. If you use your electric razor as instructed in the owner’s manual and you get electrocuted or suffer cuts/bruises then the manufacturer of the razor may be held liable for your injury.
- Intentional Wrong – civil claims for an intentional wrong may be filed in addition to criminal charges. Most often victims of sexual assault or other forms of abuse will file their personal injury claims based on intentional wrong.
Types of Damages from Personal Injury Lawsuits
1) COMPENSATORY DAMAGES – ACTUAL OR ESTIMATED
- Actual values for compensatory damages can be calculated based on medical bills, lost wages, or money paid to repair damaged property from the accident (a boat or car, for example).
- Estimated damages are calculated based on the pain and suffering endured by the plaintiff as a result of the accident. An indirect victim, such as a spouse, may also seek compensatory damages for lost wages to their spouse’s household contributions. Punitive damages are meant to punish the person responsible for the accident.
2) PUNITIVE DAMAGES