July 19, 2019

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Injury Settlement Damages and Time Limits

Two important elements of any personal injury case are the damages you have suffered and your time limit for getting started. Some states have caps on certain types of damages, and the time limits you will be facing also vary from state-to-state. To learn more about your case, please talk to an experienced personal injury attorney from our database right away.

Damages

In order to have a case, you must have suffered damages. So, if you took a defective drug or experienced a medical error, but were not harmed, you would not be entitled to compensation, because there are no damages. Compensatory damages are classified as economic and non-economic. Economic damages are those with a specific dollar value, such as your medical bills and lost wages. Non-economic damages include pain and suffering and other similar harm for which there is not a specific dollar value.

Damages can include:

  • Past, current, and future medical expenses
  • Past, current, and future lost income
  • Lost earning capacity
  • Disability
  • Disfigurement
  • Physical pain and suffering
  • Mental pain and suffering
  • Loss of the capacity to enjoy life
  • Diminished quality of life
  • Loss of consortium

Time Limits

The one mistake that can destroy your case, no matter how much merit you case has, is waiting too long to get started.

The statute of limitations is the time limit for filing your lawsuit, and if you miss that deadline you will be barred from suing for your injuries. The statute of limitation varies from state-to-state and according to the type of lawsuit you are filing. There are other factors which can affect how the time is calculated, which can give you more or less time than you expect. For instance, for a minor child the statute of limitations is often tolled, meaning put on hold, until they reach a certain age.

Another time limit is the statute of repose. In some states, for some types of cases there is a statute of repose which can shorten the amount of time you have to file, even if you are within the statute of limitations.

If you are suing a government agency or entity, you may have a very limited amount of time to file a notice of intent to sue. The time limit or this notice is often much shorter than the statute of limitations.

If you or someone you love has been injured due to someone else’s negligence, please review our attorneys to be connected with an experienced personal injury attorney in your area. The initial consultation with a personal injury lawyer is free of charge, and if we agree to handle your case, in most cases we will work on a contingency fee basis, which means we get paid for our services only if there is a monetary recovery of funds. In many cases, a personal injury lawsuit must be filed before an applicable expiration date, known as a statute of limitations. Please call right away to ensure that you do not waive your right to possible compensation.