About 95% of civil litigation claims get settled before making it to trial. This includes personal injury claims. If you have a claim for injury, you need to make sure you file before the personal injury statute of limitations so you have an opportunity to recover for your injuries.
Each state has its own deadline for filing a lawsuit. This is the length of time you have to file your claim, or you’re barred from seeking recovery.
Keep reading to learn more about the statute of limitations for personal injury claims.
Standard Statute of Limitations
Some states have a filing limit of as short as one year, while others have a deadline of three years or more. The exact amount of time will depend on the state you’re filing in.
You can’t choose any state to file in. There are rules about where you’re allowed to file, such as the state you were injured in or the state where the defendant resides. You need to look into these rules to know what state’s statute of limitations applies to your claim.
The statute of limitations clock starts from the day that you experience the injury.
The Discovery Rule Exception
This is an exception to the statute of limitations deadline. Most states have an exception that applies to when you aren’t aware of the injury.
For this exception to apply, the injured person needs to not have known either that they were injured or that the defendant’s actions could have caused an injury. Awareness of the injury or potential for an injury needs to occur after the statute of limitations runs out.
So if you become aware of the injury or potential for injury before the expiration of the original deadline, then the statute of limitations applies.
This situation happens more often than you might think. An example of this is the injury ads you may have seen on tv. They state that you may have been exposed to a potentially injury-causing situation at some point in the past.
They then encourage you to seek out a personal injury attorney for legal representation. The injury is usually caused by exposure to harmful chemicals or a malfunctioning medical device.
Other Ways to Extend the Filing Deadline
Several states offer other exceptions to the deadline for filing. Some states stop the clock if the defendant leaves the state. Then resumes the countdown when the defendant returns.
For this exception to apply, you’ll need to prove that the defendant was gone. It’s best to work with an attorney if you want to apply for this exception.
Another exception is if the injured party is a minor, mentally ill, disabled, or insane. The statute of limitations gets extended for these plaintiffs.
Know the Personal Injury Statute of Limitations for Your State
If you’ve experienced an injury, then you need to find out the personal injury statute of limitations for your state. The sooner you seek out legal representation, the better. Your attorney can advise you on the specific laws of your state.
Check out our blog for more law-related articles that can answer all of your legal questions.
Almost every time when someone suffers from a catastrophic injury that changes their life forever, more than just one life is affected as a result of that incident. Aside from the emotional burden, there are often hefty economic issues that accompany such situations and not everyone is as well equipped to deal with all of that as a few are.
On that note, today we are going to take a look at what possible steps family members can take after they have been informed that one of their loved ones has suffered a life-changing injury.
Response and Vigilance
Depending on which stage and what kind of an accident we are talking about here, the actual response will differ, of course. If the family members have just been informed about the injury, the response should be to get to the hospital and talk to the attending doctor. From there, it’s a long road that makes its way through treatment and rehabilitation.
A point to remember would be to stay vigilant and collect all medical documents, which include everything from the doctors’ prescriptions and diagnostic reports to even bills given to you by the pharmacist while buying the prescribed meds. Not only will they be necessary to claim insurance, but there might be more need for all that documentation later on.
Understand, Accept and Prepare
Now, as we are talking about life-changing, traumatic injuries, you need to understand, accept, and prepare for the following.
- Understand what kind of an injury it is (brain trauma, limb debilitation, paralysis, spinal cord injuries, severe disfigurement, etc.)
- Know what the course of treatment would involve and the expected results
- Understand the expenses that will be necessary to follow each avenue of treatment available
- Accept the situation and your own decisions regarding various aspects of the injury management procedure
- Prepare for the psychological, social, personal, and financial effects of the life-changing injury, based on your understanding of the above
- Prepare a list of changes you will need to make, in order to accommodate the new conditions
- Be prepared to make mistakes and correct them along the way
Help them Stay Away from Depression
A life-changing injury is almost always followed up by depression, which is quite natural but can also be another severe cause for concern. Make sure that you keep a close eye on the injured family member so that he/she doesn’t become overly depressed, post the injury.
This is easier said than done, of course, but depression can make a severely debilitated person further degrade mentally and physically, while some may even turn suicidal.
Figure Out If You Can Get a Compensation from the Responsible Party, Where Applicable
Not every accident is someone else’s fault, but most of them are, although it may not seem like it initially. Whether it was a car accident, a truck accident or a workplace accident, if the injured or deceased family member had to suffer his/her ill fate due to someone else’s fault, prepare to take legal action against them.
In case you live in Pennsylvania, or if the family member has suffered his/her injury within the state, you need a catastrophic injury law firm that specializes in working with the state’s directives for personal injury cases. An experienced lawyer knows exactly who should be sued for getting the maximum possible compensation.
Also, being experienced in dealing with hundreds of personal injury cases throughout the years, a catastrophic injury law firm should also be able to tell the family members right away whether they have a good chance of winning or not.
Do keep in mind that in case of wrongful death due to the suffered injuries, whether it’s caused by an accident or medical negligence, the surviving family members are entitled to compensation as well.
Whether you have found yourself hurt as a direct result of doing your job, been involved in a road traffic accident, harmed due to the negligence of somebody else, or simply been victim of an unfortunate accident, there’s no denying that dealing with an injury that shouldn’t have happened to is never a great experience. Injuries that occur through no fault of your own are not just physically painful and uncomfortable; they can cause emotional distress and even lead to financial problems in your life if you’re unable to work and have medical bills to pay. That’s why getting a good personal injury lawyer is so important – with the right professional working alongside you, you can improve your chance of getting the compensation that you deserve for everything you’ve been through so far.
Here are some important questions to ask before you decide on a potential personal injury lawyer.
#1. What previous experience do you have?
One of the most important questions that you can ask is about a lawyer’s previous experience. A good lawyer will always be honest with his or her answer, even if that means admitting that they are not as experienced as they could be when it comes to your kind of case. If a lawyer’s past experience isn’t readily offered when you ask, it’s best to tread carefully.
#2. How qualified are you?
Of course, one of the main factors that you deserve to have some peace of mind with is just how qualified your personal injury lawyer is. Don’t be afraid to ask where your Indianapolis personal injury lawyer went to college and which qualifications they have obtained so far. If they are legit and good at what they do, they’ll probably even have their certificates hanging in the office.
#3. What’s your plan?
It’s usually time consuming and not all that necessary for you to go through every single move your personal injury lawyer plans to take when it comes to fighting your case, but you should at the very least be given some idea of the plan in place. Even if you trust your lawyer to do the best that they can, make sure that they are willing to keep you informed throughout the process.
#4. What’s your current workload like?
Enquiring about a personal injury lawyer’s current workload isn’t just a good way to figure out the kind of cases that they normally get hired for – it also helps you determine whether or not you think that they will have the time that you want them to dedicate to your case. Some clients are fine with a lawyer only spending a short amount of time on their case, while others require more. Figure out which one you are before you ask this question.
#5. How much are your fees?
Finally, make sure that you’re fully aware of any fees and charges to expect before you start working with a personal injury lawyer. And, find out how you’ll be required to pay – for example, will you only be charged if your case is won?
Choosing a good personal injury lawyer can be a daunting process, so ask these questions to help you find the right one.
Each of those 20-50 million is wondering what the auto accident settlement timeline is going to be. From the second you are in a car accident until that settlement arrives, you are wondering when is this going to be over.
Read on to ease some of that burden, and experience peace of mind from knowing you are not alone, and there are ways to speed up that auto accident settlement timeline.
What is the Average Auto Accident Settlement Timeline?
Everyone wonders what the average auto accident settlement timeline is going to be. There is no one answer.
Multiple factors influence the car accident settlement timeline. The easiest way to speed up that timeline will be to hire a car accident attorney. Handling this yourself will slow things down.
Look at these different cases for car accidents and see for yourself that you are not alone. Every situation may be different, but you will feel more comfortable during this process when you realize that many people are going through the same thing as you are right now, and help is available.
Report and Document Early
The smartest thing you can do after a car crash is to document everything as early as possible. Start taking pictures after everything, and collect reports like it’s your job.
Those reports could cost you money if you don’t use them with the insurance company. And, more often than not, collecting those reports for the insurance company will slow down your auto accident timeline.
Collect every police report, weather report, medical report, everything. If you have to collect them later, you eat uptime.
The nature and extent of your injuries are going to determine your auto accident settlement timeline, as well. How much you get will depend entirely on the extent of your actual damages.
The case will settle faster if the injuries are minor. The more treatment you need, the longer it will take for your auto accident settlement timeline.
Collect every piece of documentation along the way.
You never have to worry about the motivation of insurance companies, the most critical variable in your auto accident settlement timeline is you. Your motivation matters.
Insurance companies are always motivated to settle, and never want a car accident to get to court. That is a costly and public problem for them that they don’t want.
But you are motivated as well. But why?
Sometimes people are so motivated to get their money they will take the first offer. Others want the problem to go away and will settle quickly.
Your auto accident settlement timeline depends on your motivation. But taking the first offer isn’t always the best one.
This accident is a traumatizing experience, and you have earned a fair settlement. Be motivated to get what you deserve, and the auto accident settlement timeline won’t matter when that check arrives.
Trust the Experts
When you are going through the auto accident settlement timeline, it’s very easy to feel isolated and frustrated. But you don’t have to.
There is always help available to help you get through this crisis. You need to take time for your emotional needs, and shouldn’t spend it worrying about your insurance woes or the length of your auto accident settlement timeline.
A good auto accident lawyer can help you through this process and make sure that it’s done right, and you get the settlement you deserve. Trust the experts today that offer a free consultation during this crisis.
Being injured when it wasn’t your fault can be a really distressing experience, no matter what exactly has happened to you. Whether it’s facing the prospect of having to take time off work, having to deal with long-term pain issues as a result of an injury, or the financial burden of insurance costs and medical bills, serious injuries can make you worry about a lot of things.
Whether you’re in New York and want to look for the best personal injury lawyer in Long Island, or you live anywhere else in the USA and don’t know what sort of things you should be looking for, here are just some of the reasons you should hire a personal injury lawyer.
Personal injury lawyers specialize in knowing how to get what their clients deserve. It might be that you yourself aren’t fully aware of what you could be entitled to should you win your case. Or it might be that you still feel a little bit overwhelmed after your injury, and having a professional on your side throughout the process can help make everything easier to manage.
That said, it will still be particularly important to review several potential options before selecting the lawyer who’ll be representing you throughout your case. Take a look at several local options around you, then compare their track records and reputations. Think of issues such as:
- How successful have they been in the past?
- What sort of settlements do they usually earn after winning a case?
- What are some of their past clients saying about them?
- How much do they cost if I don’t win my case? Are they no win, no fee?
It’s not all about physical injuries
When you’re thinking about what you can make a claim for, remember that you don’t have to be physically injured in order to make a successful claim.
If you’ve suffered significant emotional distress, for example, you could still make a case for a personal injury claim. Perhaps something that someone or a business has said about you has caused you to suffer some damage to your reputation or image that’s affecting your life.
It might be tempting to just try to move past something, because you don’t feel up to the stress of making a claim, and you think you’ll be fine. However, that is why seeking out a personal injury lawyer can be so beneficial. They’ll help streamline the process and reduce the stress of the experience as much as possible, helping you to earn a settlement you deserve and move on more comfortably.
One of the key things to consider when looking to make a personal injury claim is the fact that people on the other side will look to pay out as little as possible, or somehow prove they weren’t at fault for the accident that injured you.
While it is possible to make a claim without the help of a personal injury lawyer, it’s highly likely that the other person will hire a lawyer of their own to put forward the best case they can.
If you’re making a claim against a business, however, they will certainly have liability insurance in place, which means they’ll have access to legal support at all times. It might even be tempting to take the first financial offer the business gives you, maybe because you’re worried about how hard they’d push back, or it was just something ‘small’ like tripping over something an employee left out in the open. B what they offer you may well be an attempt to smooth over the issue, rather than reflecting what you could win back with the support of your own personal injury lawyer.
Personal injury claims can be complicated matters at the best of times. Look for a personal injury lawyer that’s right for you and your case to get the best support you can from start to finish.
If you’re a veteran who previously served your country, you have done a noble service and deserve the best quality of life after returning home. Unfortunately, many veterans don’t have the great quality of life they deserve and struggle with the transition. For example, many veterans may experience post-traumatic stress disorder (PTSD), other mental health problems or physical injuries and are unable to return to a normal routine. However, if you have become injured or experienced a mental health problem as a veteran, you may be entitled to compensation and should consider contacting an injury lawyer. But how do you know if this applies to you?
Many veterans have experienced hearing problems after using 3M Combat Arms earplugs a company sold to the government, which turned out to be defective. The veterans experienced hearing loss and tinnitus after using the earplugs entirely because the company made them in a defective way. However, many veterans have reached out for legal help and have received significant compensation as a result. Therefore, if you have experienced any hearing issues and know you used the earplugs after 2003, you should contact an injury lawyer.
Disabilities and injuries
If you became injured or disabled during your time in the military as a result of an accident or negligence, you may be entitled to compensation and should contact an injury lawyer. Whether this was due to defective equipment, road traffic accidents during manoeuvres or training accidents, an injury lawyer will be able to assess the situation and represent you. Adapting to your life with a disability will be difficult and might cause significant issues in your new routine. You may not be suitable for work, and might have to make significant adaptions to your home. So, don’t hesitate to make the call and get what is owed to you.
Hazing is the term for a situation created to embarrass, intimidate or harass someone, and often occurs in group scenarios where there are new members. It is common in college fraternities, sports teams and, unfortunately, the US military. The act of hazing can create physical and psychological pain and is taken seriously by lawyers. It can create psychological issues and, in severe cases, can lead to suicide. There’s no place for hazing in the military, and if it happened to you, you should get legal help.
Unfortunately, sexual assault is something that happens commonly in workplaces in the US and this isn’t any different in the armed forces. Like hazing, sexual assault in the US military is taken very seriously. Nearly 25% of female veterans who seek healthcare services have experienced sexual assault in the military, and it happens to men, too. But many victims of sexual assault in the military don’t report the incident due to feelings of shame, fear and embarrassment. Being a victim of sexual assault can lead to mental health problems, PTSD and chronic fatigue and if you are a veteran who has experienced sexual assault during your time in the armed forces, you should most definitely contact in injury lawyer.
An accident occurs every day and causes immense personal and physical damage. It is essential to address these damages and opt-in for compensations. Usually, the victim tries to claim compensation for medical bills and other expenses after an accident because of someone else’s fault.
Managing this compensation and the deserved justice all by themselves isn’t feasible. Hence, it is essential to seek legal help and advice from a personal injury lawyer. To know more about this, you can check out the best personal injury attorney Los Angeles.
Searching for a personal injury lawyer is not a problem anymore! You can find many online. It is essential to research, compare, and then arrive at a conclusion. Are you wondering why you should opt-in for a personal injury lawyer?
The following pointers can help:
1. A proper analysis of claims
Most trained and ace personal injury lawyers work in their specialized methods. They can inform you whether it’s advantageous for you to opt-in for legal action. You will know if your legal case has more chances to fail. A personal injury attorney can offer you genuine outcomes directly.
2. There are no fees when you fail to recover
Most of the personal injury attorneys act with a contingency fee. Hence, just in case if a legal case doesn’t win, the lawyer doesn’t receive any payment. You are responsible for particular expenses that aren’t related directly with attorney services. It includes doctor costs that get added when the medical records get assessed. It’s one of the most significant reasons to hire a personal injury attorney.
3. Managing red tape
The intricate legal processes, vague medical conditions, and extensive paperwork are usual when you have an accident case. An expert personal injury lawyer can work through a mesh of pertinent paperwork. The agenda is to resolve client claims. It will allow the victim to go about his/her life after that. When you get in touch with a personal injury lawyer, they will start work regarding the necessary documents about the client’s accident and injury case.
4. Getting in touch with the investigative group
Usually, personal injury lawyers have direct access to an investigator team. The investigative team has the necessary knowledge and proficiency in selected legal areas. The team reviews all technical matters about the client’s legal case. You can help this investigative team by sharing critical data concerning the personal injury case. All this will make the legal more potent and compelling.
5. Your legal case gets its objectivity
A legal case is never easy! You might oscillate between pain, fear, frustration, and anger from time to time. And this can blur the objectivity. Getting caught up in a sea of emotions is not the way to fight a personal injury legal case. Hence, you need a personal injury attorney to add the element of objectivity to your case. It will save you from making any unwanted and impulsive decision that might go against you. Sometimes, you might want to take a payout, and your attorney might say that’s not a smart call. It’s always better to listen to your attorney.
These are some of the essential reasons for appointing a personal injury lawyer to manage your legal case.
If you’re involved in a personal injury lawsuit, it might seem as if it’s dragging on forever. But, although it may feel like there’s no end in sight, your personal injury case is bound to have its’ own day in court sooner or later.
While you’re waiting to find out if you will receive a settlement, the days can seem especially long. And, if your case is one of the few that actually make it to trial, it can be painstakingly difficult to relive the details of your circumstances as they are re-hashed in the courtroom.
Our personal injury settlement timeline can help to provide you with the reassurance that your case won’t last forever, regardless of how it might feel when you’re in the trenches.
Read on to discover the average personal injury settlement wait-times and find out when your own court date might come to a close!
Factors That Influence Personal Injury Settlement Wait-Times
Personal injury settlement wait-times are determined by a wide variety of influencing factors. While one case is settled seemingly overnight, another might drag on for a year or longer. So, what decides the length of time a client must wait for their own personal injury settlement?
1. The Type of Accident
The first thing to consider when determining a personal injury settlement timeline is the type of accident that’s cited in your particular case. Is yours the type of accident that often results in a personal injury settlement? Or, is it the first case of its’ type that the court is likely to have heard?
The most common type of personal injury lawsuits that are awarded settlements tends to be automobile accidents that clearly define the defendant as the one at fault.
Although there are many additional classes of automobile accidents that make a settlement even more likely, including those involving pedestrians or tractor-trailers. You can find out more about these types of accidents on the web.
2. Injuries Sustained by the Victim
Another consideration that determines how quickly a settlement is made is the type of injuries that a victim has sustained.
Wrongful death lawsuits are sure to warrant a settlement if the victim’s loved ones have proof that the defendant caused death.
While fault must be proven in any personal injury case, once this is established, the victim (or their loved ones) are likely to receive a larger settlement outside of the courtroom if the injuries sustained have significantly impacted the victim’s quality of life
3. Settling Out of Court vs a Trial
According to The Law Dictionary, only 4 to 5% of personal injury cases go to trial. 95% of these cases settle outside of court, and of those that do go to trial, 90% of plaintiffs end up losing their case. Plaintiffs tend to do better when their case is heard by a trial judge rather than a jury.
You are more likely to be awarded if the plaintiff is willing to settle out of court. This also tends to speed up the process by a large margin.
If your case is set for trial, you can be certain that it will take longer than if you are to reach a settlement outside of the courtroom. When a case is set for trial, your attorneys must gather testimony, get depositions, and get their case on the court docket.
Once a case is on the docket, the court date can be rescheduled for a variety of reasons. And, even when you have a court date that stays in place, the case might be continued several times before a decision is made. This can prolong the process, causing it to carry on for months longer.
How to Determine Your Own Personal Injury Settlement Timeline
Determining your own personal injury settlement timeline depends on a combination of the factors listed above. And, there may be additional factors in your own personal case that play a part as well.
Want to find out more about how the law applies to your personal injury case?
Check out our website for tips and advice about how the law works!
Working on a construction site can be dangerous anywhere, but the Big Apple presents some significant safety challenges as one of the world’s busiest cities. Due to the sheer size and volume of projects that are carried out in NYC, it stands to reason that there would be a fair amount of accidents taking place on a regular basis, even if only a small percentage of workers experience one during their career. Furthermore, the variety of projects being carried out means that there are many different scenarios in which personal injury, property damage, or other negative consequences could arise. More specifically, here are some of the main dangers that are faced on construction sites in NYC:
Equipment and Work-Related Hazards
As you might imagine, virtually every kind of tool and piece of equipment manufactured on earth is being put to use at any given time somewhere in New York City. This means that the city sees an extremely wide range of equipment-related accidents, typically resulting from poorly maintained or misused equipment or hazardous work practices. It is common for workers to sustain injuries due to improper equipment operation or by colliding or stumbling over each other. While there’s often no way to prevent such mishaps other than exercising maximum caution, if you’ve already been injured, it’s important to reach out to a personal injury lawyer that specializes in construction site accidents in NYC.
Falling from Heights
According to reports from the NYC Health Department’s Bureau of Vital statistics, falling from heights accounts for approximately 52% of all construction site deaths in the city. In fact, this terrifying hazard makes construction work the deadliest profession in New York. Fortunately, the number of people who actually fall to their deaths is very low compared to the overall number of construction workers who work in the city, with construction-related fatalities happening only about 20 times per year. Still, this is always a concerning danger that construction workers have to keep in mind because much of the construction and property maintenance that happens in the city occurs high off the ground.
Due to the city’s extensive network of power lines and electrical equipment, construction workers are often faced with electrical hazards while maintaining these systems or working near them. Electric shock also sometimes occurs when workers misuse electrical equipment or power tools. Thus, it’s important for every worker to have a thorough understanding of how to stay grounded and how to work around electrical components such as wires and transformers.
Collisions and Other Concerns
Of course, since there are so many construction vehicles put to use in New York City, there are inevitably vehicle collisions related to construction work as well. The intense traffic means that workers need to be careful to watch for careless motorists and operate tractors and utility vehicles with the utmost caution to prevent property damage. Finally, some other common hazards and concerns relevant to construction work in NYC include environmental hazards, noise pollution, and even violent worker disputes that can result in occasional assaults.
Have a good conversation before you actually hire the lawyer
Communication starts before cooperation even appears on the horizon. Before you decide to hire a personal injury attorney, take the time to sit down with them and have a detailed and honest discussion about everything. Personal injury claims can be wildly different, so you have to make sure that the lawyer has experience in handling cases that are similar to yours, or the same as yours. Check out this article for some insight into the most frequent kinds of personal injuries that tend to happen.
Aside from having the sort of experience that you need, a good lawyer (PI or otherwise) needs to be someone you can “vibe with”. pay attention to how much you clash while talking, how much your personalities overall match – or not. After all, if you are not “clicking” with this person, it is going to be hard to entrust them with your case and work closely with them over a period of time until it is resolved. So, start making a conscious effort towards quality communication before you make any contractual agreements.
Prepare all the necessary information in advance
Your chosen attorney will need you to provide them with certain information. Some of the most common requests as regards this info include things like data about your doctor (name, contact, education, experience, specialization etc.), a list of all of your doctor’s appointments with dates and times, the course of treatment that your doctor has planned for you.
The personal injury lawyer will ask what medications you are currently taking, they will ask for the accident reports, any police reports from the case, statements from witnesses, as well as a copy of any correspondence between yourself and the other party, or the other party’s representative (as a general rule, this will be their insurance company).
Understand what they are expecting to get from your interviews
When you go searching for an appropriate lawyer to work your case, it would be a good idea to ask for consultations from candidates who seem interesting. A lot of lawyers and attorney agencies will offer an initial consultation for free, or at some symbolic price that is light years lower than their usual rates.
This consultation gives you a good look at the lawyer, but that goes both ways. They will be “feeling up” your personality, the type of case that your situation presents, the form and severity of your injuries, and whether your case is legally solid enough to win you any compensation.
And, just as we mentioned above, they will be sizing you up to determine whether you will get along well. Those points we brought up about compatibility in personality and attitude is also another thing that goes both ways.
Make sure to clarify your own expectations
Now, your brain is not a blank slate. You are going to go into that office for that consultation with some ideas of your own: what kind of attorney you need, what kind of persona you work best with. To answer such questions in your mind, your best bet is to ask directly, out loud. You can find some awesome advice on asking the right questions on this web page: https://www.entrepreneur.com/article/316989
Do not rely on just your intuition. “Interrogate” your attorney and get some realistic information that you can work with. Here are some points you may wish to inquire about:
The type and level of your candidate’s formal education. Whether they had some specialist training. Their statistics: what percentage of their cases did they lose, win, or settle on? Ask how they specifically intend to deal with your situation. If they have no idea and start weaseling out of that one, especially using big-sounding words, you may have come across a scammer!
Ask how long they have worked in the field and what they think your case is worth. Confirm what percentage of your claim or settlement cash they will take as their fee. Also, make sure to get their honest opinion about what parts of your case will be a challenge. Identify hopes and bottlenecks relatively early on.