Limitations of Damages in Personal Injury Claims

Personal injury is also a legal term to describe an injury to one’s body, mind or feelings, rather than an actual physical injury to real property. In Anglo-American societies the term is mostly used to describe a kind of civil lawsuit where the plaintiff usually suffers some harm to his/her body or emotions. In some other parts of the world, the term personal injury is used interchangeably with the phrase “personal damage” or “wrongful harm”. So, personal injury is not really an injury per se but a form of wrong or damages. The damage may be physical, emotional or even financial.

In a personal injury claim, the plaintiff is generally a person who has been harmed through the negligence of another person. The harm may have occurred at the hands of another person through the use of a product or service or by way of assault, abuse or battery. In many cases, the harm may have resulted from the failure of a person to take reasonable care.

In civil and criminal cases, there are particular limitations on the types of damages that one may seek. Common personal injury cases typically deal with medical and dental accidents that cause physical harm. In these cases, the injured party may be able to seek monetary damages for both physical and emotional suffering. Typically, the statute of limitations will govern when one must file a claim with the courts.

Most states have a two-year statute of limitations. Statutes of limitations differ in different states, so it is always best to consult a qualified attorney who is experienced with the local laws in your area to determine how long one has to file for civil lawsuits in your area. Some states allow claims to be filed within a shorter time period in certain circumstances. Consulting an attorney who has experience in the area of personal injury claims is often a good idea in order to avoid problems down the road.

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In most instances, victims of an assault, battery or other type of personal injury are not entitled to compensation under the legal process known as malpractice. However, this is not to say that victims cannot pursue claims against their providers. If an employee is injured due to the negligence of another individual, it may be possible to file a personal injury claim against the individual. Again, consulting a qualified personal injury lawyer will be highly beneficial in this case.

Another limitation for filing a car accident injury claim involves seeking medical treatment for injuries. In most instances, victims are not entitled to receive medical treatment or other forms of compensation unless their injuries are considered “life-threatening.” A personal injury attorney who is experienced in dealing with cases involving medical treatment may be able to help you determine whether or not you are eligible for these benefits.