Personal injury claims result primarily from negligence, defective products and of course automobile accidents. Being a ‘tort’ (civil liability of a non-contractual wrongful act or infringement of a right) action resulting in the plaintiffs suffering harm from a negligent act, wrongful act or failure of a product to body or mind. It includes reckless conduct, intentional misconduct or strict liability (related to product liability, abnormally dangerous activities, intrusions by another’s livestock or the ownership of live animals). Vehicular accidents, reckless driving, failure to attention. Bicycle vs automotive vehicle due to negligence or recklessness on part of the auto driver. Car accidents resulting from not paying attention which is negligence, like cell phone or texting while driving, voluntary intoxication (DUI) using alcohol or drugs.
Medical Malpractice Cases
Medical malpractice suit falls under personal injury and involves the element of negligence on the part of the medical practitioner(s). Includes Nursing Home Abuse which would be an intentional act causing both physical and mental harm, perhaps even death to patients. Birth injuries due to negligence or malpractice of the medical practitioner and represents injuries to either the mother or child.
Product liability refers the failure of the product to perform and failure has resulted in injury. A lot of tort surrounds consumer products and generally full under class action suits.
Slip and fall, coffee to hot and other incidents fall under the umbrella of Premises Liability. Owner/employees are operating in a negligent manner resulting in injury to client or customer. Employee injured on the job due to an unsafe and persistent condition in the work place.
Personal Injury Statute of Limitations
Some things to consider under various laws in different jurisdictions. Most personal injury claims are subject to statute of limitations, in other words you only have so long to file before the courts will recognize the claim. This varies state to state. In Nevada:
• Medical Malpractice – 3 years (can be shorter)
• Personal Injury – 2 years
• Product Liability – 4 years
Statute of Limitations is defined by crime or civil action and has a very specific time limit or deadline in filing a claim or criminal charges. The clock starts at the time of occurrence of the wrongful act or injury. However, Statue of Limitations can be ‘tolled’ to the discovery of date of the act but must be sought through the exercise of reasonable diligence that would have discovered the wrongful act. Review of case law will affect the tolling of discovery of a wrong act.
Special Damages in Personal Injury
Personal injury occurs outside of any contractual agreements, as a dishonored contract is covered under other statutes and actions. Generally, in auto accidents the parties are strangers and usually have had no prior contact.
Damages in torts are measured in costs and are referred to as ‘special damages’. They are itemized expenses such as medical expenses, lost earnings and property damages. General damages are not as measurable as special damages and cover pain and suffering, defamation and emotional stress.
Criminal Defense, Personal Injury, Business Attorneys & More in Greater Las Vegas, Nevada
It is imperative that actions are take as soon as possible when dealing with personal injury as it is subject to various jurisdictional interpretations and history of court decisions. Enter into consultation at the earliest time possible. Contact Kajioka & Associates Attorneys At Law today!