A personal injury case is a legal quarrel that occurs when an individual suffers from an injury or accident, and somebody else or an entity is legally responsible for that inflicted damage. The fundamentals of personal injury law derive from tort or civil litigation lawsuits. Generally, the individual’s overall condition, financial loss, and severity of their damages are considered to calculate the equivalent value they are owed. When involved in a legal fight, one must know the whereabouts of the personal injury law that defines their case. It will help them avoid costly mistakes, which can further jeopardize their claim and chances of reimbursement.
Consult an expert attorney or a firm like RSH Legal – Iowa Personal Injury Lawyers to evaluate your chances of winning and receiving compensation.
The basics of personal injury lawsuits:
You are entitled to certain constitutional rights that you can use to seek justice and make the responsible party pay for their wrongful actions. If you have been injured due to the actions or inactions of others, then by personal injury law, you can file a legal claim. You can be compensated for medical bills, treatment costs, pain and suffering, potential financial losses, and other significant ongoing medical expenses. When you proceed with a personal injury lawsuit, the case can be resolved through a formal settlement in court or informal settlements via upfront compensation followed by an agreement.
What’s the statute of limitations?
The statute of limitations defines the time limit for filing a personal injury lawsuit. It provides a person with a specified time bracket, like in Iowa, where it’s usually 2 years after the date and time of the calamity, to file a personal injury claim. For instance, if an individual got injured by a workplace mishap or car accident and plans to file a claim after 5 years, it would nullify the liability of their lawsuit.
Types of damages that can be compensated:
In a personal injury lawsuit, the plaintiff can recover primarily from two types of damages: economic damages and non-economic damages.
- Economic damages: These cover tangible losses, such as medical treatment, doctor’s appointment costs, hospital stays, pharmaceutical costs, therapy costs, and ongoing or future medical care expenses. It can also include property damages, transportation costs, lost wages, and potential financial loss. For instance, if someone is injured and unable to commute to the office or work, that must be reimbursed by the defendant’s insurer.
- Non-economic damages: These include all intangible losses, such as emotional and mental trauma. Particular ailments like discomfort, aches in the body, memory loss, emotional distress, anxiety, depression, loss of enjoyment of life, cognitive losses, suicidal thoughts, concussion, or worsening past chronic ailments like PTSD or stress should all be compensated. If the victim has lost a loved one, family member, or spouse, or if their relationships have been affected because of the injury, then loss of companionship is also considered. The jury and opposing counsel will likely look at similar past cases to evaluate the appropriate dollar value of your subjective damages. Furthermore, it leans on the severity of the harm and your overall health.
- Punitive damages: Most cases that include economic and non-economic damages get settled after the victim is rightly compensated. However, when the defendant’s actions are malicious, punitive damages apply to punish the defendant for their wrongful actions and to deter them from doing so in the future. Not all cases deserve punitive damages, such as where the defendant was not directly linked to or caused any damages to the victim. However, when the opposing party has grossly inflicted excruciating, life-threatening damages and was intentional or careless, they are held accountable with punitive damages, usually resulting in 6 to 12 months of imprisonment or more.