What Is A Physical Injury Case?
A physical injury case is a personal injury case where the injuries are major or the potential future damages (medical bills and losses in the future) are large. This can be in cases such as a car accident, medical malpractice, etc.
Pain and suffering damages are a major factor in these types of cases. They are calculated based on the victim’s physical pain as well as their mental anguish. An experienced JDB Law, PLLC personal injury attorney can help you determine the best course of action for your case.
Cause Of Action
The cause of action is the legal theory that gives you, the victim, the right to sue the defendant in court. It outlines how the defendant violated your rights and caused your injury and financial losses. It’s important to choose the right cause of action because it determines what elements you need to prove. It also defines what statute of limitations applies, which is the time limit within which you must file the lawsuit.
The most common causes of action in personal injury cases are negligence and battery. Negligence is a failure to meet society’s acceptable standard of care, such as when a medical professional acts negligently or a driver speeds recklessly and causes an accident. Battery is a physical contact that causes injury, such as when someone hits you. In both instances, the plaintiff must prove that the defendant’s conduct breached a duty of care and that this breach directly resulted in injuries and losses.
There are other types of claims, such as fraud and deceit, that may apply in some cases, but they require a different type of proof. For example, if you claim that the defendant committed fraud and deceit by lying about the value of your property, you must prove that this misrepresentation was made with actual malice or recklessness.
Some cases involve injuries that are not readily apparent, making it difficult to prove that the defendant’s actions caused them. For example, some people suffer from chronic pain following an accident that is not readily explained by traditional medical tests and treatments. These injuries are sometimes referred to as “soft tissue injury” and include conditions such as fibromyalgia, chronic pain syndrome, and myofascial pain syndrome.
In these types of cases, it is important to distinguish between non-pecuniary and pecuniary losses. The latter includes your past and future expenses related to the injury, such as medical costs and lost income. The former includes intangible losses, such as the emotional distress and disfigurement you experience because of your injuries. For example, a jury might award you $10,000 for your past and future emotional distress, but only $2,800 for your physical disfigurement because of the extent to which it has prevented you from working.
If you have been injured, you need compensation for your losses. You can receive compensation for your medical bills, lost wages, pain and suffering, and other damages by filing a personal injury lawsuit against the person or entity who caused your injuries. These cases can be complicated and involve multiple parties.
Damages are monetary awards injured plaintiffs receive as compensation for harm caused by another party’s negligent or wrongful actions. In addition to recovering compensatory damages, you may be entitled to punitive damages if the defendant was particularly egregious.
Most personal injury claims involve accidents, but you can also sue someone for intentional torts such as assault and battery. Intentional torts can be a more serious matter than accidents, and they typically have more severe consequences. For example, you can sue for assault and battery if someone intentionally struck you or someone in your family. You could also sue for intentional infliction of emotional distress (wrongful defamation) or wrongful death in some cases.
When it comes to proving damages in a personal injury claim, you must present evidence that supports each element of the claim. The first set of damages is called “economic damages.” Economic damages cover out-of-pocket expenses associated with your accident and injuries, such as past and future medical expenses, lost wages, commissions, bonuses, overtime pay, and other income losses.
You might also be entitled to damages for the intangible losses you have suffered as a result of your accident and injuries. These are sometimes referred to as non-economic damages. These include loss of enjoyment of life and disfigurement. Loss of enjoyment of life refers to the impact of your injury on your ability to enjoy hobbies, activities, and relationships with others. Injuries that cause permanent changes to your physical appearance are considered disfigurement, and you can seek compensation for this type of harm.
Your lawyer can advise you about how much your damages might be worth. It is important to remember that you must take steps to mitigate your losses, which means taking steps to reduce the effects and impact of your injuries. Failure to do so could reduce the amount of your award.
Statute Of Limitations
Most states have laws on the books governing how long people have to sue after an accident occurs. These time limits are referred to as statutes of limitations. If a victim files a lawsuit after the deadline has passed, it will be dismissed. This is why it is so important to consult an attorney as soon as possible after an injury.
A personal injury case is one where someone else’s negligent or intentional act causes harm to another person. Negligence refers to an accident that results in injury, while intentional tort is more specific and covers things like fraud assault, and battery. It is important to know which category your case fits into so that you understand the laws governing it and what the statute of limitations is for your particular situation.
Most injury cases have a statute of limitations of three years, but there are exceptions that an experienced personal injury lawyer can help you determine if your case falls under. For example, the statute of limitations clock can be paused for plaintiffs who are legally termed as being under a disability or not of sound mind at the time of the incident that caused their injuries.
Other exceptions include cases that involve medical malpractice or those where the plaintiff is a minor. In those situations, the statute of limitations may be tolled until the injured plaintiff turns 18, or in some instances, it might be extended for up to 10 years, depending on state law.
It is always wise to get a consultation with an experienced personal injury attorney who can review your case and make sure that all statute of limitations deadlines are met. If you miss a deadline, your claim will be dismissed and you will not receive fair compensation for your injuries.
If you or a loved one has been injured in an accident due to the negligence of another, contact a lawyer right away to schedule your free consultation. We will evaluate your case for free, and if we can help, our attorneys will work with you to file the appropriate papers on time to ensure that you meet all deadlines in your personal injury lawsuit.
In personal injury cases, damages are awarded to compensate for your losses. These losses can be monetary such as the cost of medical treatment and future costs, or non-monetary such as physical pain and mental suffering.
The litigation process starts with the filing of a complaint, which is the document that contains all of your allegations regarding how you were injured and your losses. This document is filed in the county where your accident occurred or in the county where the party that caused your injuries (defendant) resides. The defendant is then personally served with a copy of the Complaint and must “answer” it within a specified amount of time.
This is the beginning of the discovery phase, which accounts for most of the time it takes to complete a lawsuit. The plaintiff’s attorney and the defendant’s lawyer will exchange information about the case through documents such as bills of particulars, interrogatories, requests for admissions, and requests for the production of documents. The parties will also take depositions of witnesses.
A jury trial is the next step in the legal process, and it is at this stage that your attorney will put forth all of the facts about your accident to a judge or jury using evidence gathered throughout your case and witness testimony. The judge or jury will then decide whether the defendant is liable for your injury and, if so, how much of a monetary award you are entitled to.
During the trial, the defense will try to use any available evidence to discredit you and your claim. For instance, they may have surveillance video of you walking a few steps from your wheelchair to your car to demonstrate that you are not as disabled as you claim. You must have an experienced personal injury lawyer on your side, one who can anticipate the tactics used by the defendant’s defense attorneys and prepare accordingly.