Personal Injury: Lawsuit Elements

Posted on Monday, May 22nd, 2017 at 4:06 am    

Personal Injury: Lawsuit Elements

In a lawsuit there are two main elements that play a large role that is statutes of limitations and damages. These lawsuit elements determine when the lawsuit must be filed and the compensation to be received.

Lawsuit Elements: Statute of limitation

The term statutes of limitations means “any law that bars claims after a certain period of time passes after an injury. The period of time varies depending on the jurisdiction and the type of claim. Statutes of limitations exist for both civil and criminal causes of action, and begin to run from the date of the injury, or the date it was discovered, or the date on which it would have been discovered with reasonable efforts. Many statutes of limitations are actual legislation statutes, while others may come from judicial common law.” Therefore, the statutes of limitations is a time limit in which you have to file a claim or lawsuit. In Florida, the statutes of limitations for personal injury is two years.

 Lawsuit Elements: Damages

Damages are compensation with the goal of putting the injured person in the financial position they would have been had the accident not happened. There a different damage types and they vary by case, accident circumstances and state laws. Some damage types:

  1. Compensation for medical bills – these include every expense the claimant had to pay for medical treatment. And may include future expenses to be incurred.
  2. Loss of Income – loss of income looks at income the claimant lost or will lose as a result of the injury. It includes payments for days missed at work due to the injury.
  3. Pain and suffering – damages for pain and suffering are awarded by a jury and are given large sums of money. This is especially true when associated with significant injuries. 
  4. Emotional stress
  5. Wrongful death
  6. Loss of companionship
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