The Basics of Personal Injury law, Part 2
Posted on behalf of Henness & Haight on Feb 04, 2015 in Personal Injury News
In our last article, we looked at how a personal injury case is defined. We also examined how these cases are normally resolved, and the basic elements that go into such a case. In today's article, we will examine such issues as the statute of limitations, the laws governing personal injury, how to know if you have a case and what damages you may be entitled to recover.
Statute of Limitations
The statute of limitations is a very important concept in personal injury law. Under this idea, a plaintiff has a very limited time to file a lawsuit, beginning at the time the plaintiff is injured or realizes that they are injured. This "discovery of harm" is an important aspect of the statute of limitations.
Each state establishes its own statute of limitations, and they vary by individual injury. In Nevada, the statute of limitations for personal injury is two years. The "discovery of harm" rule applies for situations where the injury may not immediately be apparent. This means that if, for example, you undergo surgery and an internal injury results, but symptoms only occur a month later, the statute of limitations begins at the time you discover the injury.
Personal Injury Laws
Each state has its own personal injury laws, but most of these are variations on universal ideas. Where criminal law has its basis in state and local statutes, personal injury is based largely on case studies, precedent and legal treatises. While many states have begun to formally codify these laws, for all intents and purposes precedent is still the primary source of personal injury consideration.
The damages to which you are entitled depend on the losses you suffer. These damages can be for more than you may at first realize. These can include (but are not limited to):
Medical expenses for treating injuries
Replacement or repair of damaged property
Recovery of lost wages, including future lost wages if you are left unable to return to work
The costs of recovery and rehabilitation
Pain and suffering
Knowing if You Have a Case
If you have been injured and someone else's actions or negligence were at fault, you may have a viable case for personal injury. The only way to be certain, however, is to talk to a qualified personal injury attorney. You should, the moment you are in an accident, call a lawyer to discuss the details of your case and evaluate the potential for remuneration.
The Las Vegas Personal Injury Attorney
Your attorney will have a deep understanding of the way personal injury law works. They will be able to walk you through the details of your case, the next steps to take and the overall process for approaching the suit in the future. They will know not only if you have a case, but what potential damages you may be entitled to recover and the best way to get you the money you deserve.
If you have been hurt and think you may have a case for recovery of damages, we are here to help. Give us a call today.