Although a lawsuit may be the last thing on your mind when something terrible happens, the reality is that cases are often won or lost within a very small window of time immediately after an incident, as a result of the actions or inactions of the people involved in the event or by their attorneys.
All personal injury and wrongful death actions come about as the result of the negligent or intentional wrongful acts of a third party. If you suspect you were injured as a result of the negligence of another party, you may be entitled to compensation.
Doyle APC attorneys are experienced in serious personal injury and wrongful death actions in the following areas:
- Prescription drug side effects and injuries
- Defective medical devices
- Defective consumer products
- CRPS & RSD lawsuits
- Mesothelioma and asbestos related diseases
What Type of Damages are Available to Personal Injury Victims?
The damages available depend in large part on the age and occupation of the injured person as well as the type and extent of the injuries suffered. These include:
• Reimbursement for medical expenses incurred
• Future medical care, if future medical care is needed. This includes things like physical therapy and rehabilitations, future surgeries, etc.
• Pain and suffering for the injuries caused, for both past and future pain and suffering
• Mental anguish and emotional distress which are mental and emotional injuries caused by the physical injuries, such as PTSD or anxiety attacks
• Lost income or wages, which is compensation for the past income missed due missed work
• Loss of earning capacity which is the difference in future income between your former occupation and your post-injury occupation if your injuries render you unable to continue in your preferred occupation
• Reduced earning capacity if you injuries limit your capacity to work in your pre-injury occupation, i.e., you are only able to work four hours per day instead of eight
• Occupational therapy and retraining if you suffered permanent injuries leaving you unable to continue working in your prior occupation;
• Modifications to your household and vehicle if necessary;
• Hedonic damages or loss of the value of life, is compensation for the intangible things in life the injuries have impacted, i.e., the injury leaves you unable to enjoy your favorite hobby.
How Much Time do I Have to File a Personal Injury Lawsuit?
The law affords you only a limited amount of time to pursue a personal injury claim. How much time depends upon the individual facts of your case. Specifically, how and where did the injury occur. Each claim has its own distinct cause of action which can differ from state-to-state. For most personal injury claims in California and most other states, the statute of limitations is two-years from the date of injury. A handful of states have shorter, one-year statute of limitations (Kentucky, Tennessee and Louisiana) and a small number of states have three, four and five-year statutes. There are some exceptions, for example, medical malpractice usually has its own statute of limitations which is typically shorter than traditional negligence. In California, medical malpractice has a one-year statute of limitations.
There are also various mechanisms to “toll” the statute of limitations such as notice tolling. This equitable principle says a statute of limitations does not start running until the individual knows, or should know, that he or she has been harmed by the negligence of some third-party. But the application of these tolling principles varies from state-to-state with some states not applying any tolling provisions to personal injury claims while others allow tolling but only under very limited factual circumstances.
These varied statutes of limitations shows why it is vital a person injured by another, or that suspects they were injured by another, contact an attorney as soon as possible. Typically, it will cost you nothing to get the advice of an experienced lawyer following an incident involving serious personal injury or death.
If you or a family member suffered a serious injury caused by another, our experienced personal injury lawyers are available to advise you of your rights