Personal injury lawsuits can be filed if a party is found legally negligent in causing an accident. Compensation may include medical expenses, loss of wages, and pain and suffering. The resolution of pain and suffering considers various factors, and a statute of limitations applies for filing a lawsuit.
In law, if a party can be found to be legally negligent in causing an accident, the individual or individuals who were injured may be able to bring a personal injury lawsuit to collect damages. The injured party may be able to claim pain relief as part of the damages settlement. Pain and suffering encompass the emotional impact of being injured and the effects the injury has on a person’s quality of life.
To bring a lawsuit, a party must be considered to have been negligent, or to have acted contrary to what a “reasonable” person would have done. How malpractice is awarded varies from state to state. In some states, both the victim and the other party can be held partially responsible for an accident. In other states, the degree of negligence is not considered in the lawsuit decision.
Compensation for a personal injury lawsuit typically includes reimbursement of medical expenses. These expenses could include any surgical, hospital or medical expenses. The victim may also be compensated for the costs of medications and physical therapy. In addition to medical compensation, the injured person may be entitled to loss of wages.
Compensation for pain and suffering is more difficult to determine than direct compensation for medical expenses incurred and to pay for losses. Several intangible assets are taken into consideration. For example, one person may have a significantly lower pain threshold than another.
Other factors are also considered when determining a resolution of pain and suffering. The age of the injured person can be important. Future earning powers that are now lost can come into play. A person’s overall health can have an effect on the resolution of pain and suffering.
In addition to these considerations, a person may be reimbursed not only for monetary losses and medical expenses associated with the loss of an arm or other physical disfigurement, but may be entitled to compensation for the mental anguish associated with the medical condition. This may result in compensation for not being able to do activities, such as dancing or snowboarding, as you used to. A qualified attorney will be able to weigh the merits of individual cases as each case is inherently unique.
In order to get compensation for your pain and suffering, as well as compensation for your medical expenses, you must file a personal injury lawsuit within a legally defined time frame. This legally defined period of time is called a statute of limitations. Statute of limitations varies from state to state. For example, in Florida, a person has four years from the date of the accident to file a personal injury lawsuit. In California, the statute of limitations is two years from the date of the accident.
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