The statute of limitations for personal injury lawsuits varies from one state to the next, depending on who the defendant is. Personal injury law protects victims of negligence, inaction, recklessness or willful misconduct of another person. The best personal injury lawyer phoenix covers many different cases, including dog bites, boat accidents, car/boat crashes, medical malpractice, defective products and wrongful death. It is important that you consult with an experienced personal injury attorney before you file a personal injuries claim. They will be familiar with the state regulations and help you understand your rights.
Personal Injuries Attorneys Precincts
It is crucial to file a personal injury case promptly if you plan on filing one. Each state has its own statute of limitations. The statute of limitations refers to the time a plaintiff must file for damages. Often, this period is between one and three years.
Only cases in which the plaintiff seeks damages against the government are exempt from the statute of limitations. The statute of limitations in this instance is usually reduced to 30 days, up to one-year after the injury. The statute of limitations usually begins on the date of the injury. If you were bitten by a dog yesterday, your statute of limitations also began yesterday.
Sometimes, however, as with some medical malpractice cases and drug injury lawsuits against doctors, the injury’s cause is not known for weeks, months or even years. A form of birth control, for example, has been linked to an increase number of cancer-related deaths in some women. This side effect affects women who are affected by the drug. It is not the time they started taking it, but when they experience symptoms.
Case Filing to Personal Lawsuits
A plaintiff must be able prove that the defendant (or the person being charged) is legally responsible for the injury. You cannot sue a doctor for not treating you. Nor can you claim damages for a fractured leg sustained while mountain biking from a dentist who treated you for gum disease. There are many factors that can help you determine if the person you are accusing is really responsible for your injury.
The defendant did not prevent your injury and is responsible for it. A horseback riding instructor might ask you to ride your horse across a series jumps, without warning you that the ground may be muddy. Your instructor could be held responsible if your horse falls on you, resulting in a broken arm, or severe back pain.
Stern Legal Responsibility
This type of liability is applicable regardless of negligence and is also known under the name product liability. The manufacturer of your razor could be held responsible if you don’t use it as directed in the owner’s manual or if you are electrocuted/injured.
Civil claims may also be filed for intentional wrong. Intentional wrong is the most common reason that victims of sexual assault and other forms of abuse file personal injury claims.
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