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What is a Personal Injury Case?

Posted by James Bendell | Jul 23, 2020 | 0 Comments

When lawyers say they handle “personal injury,” “wrongful death,” “auto accident,” or “serious accident” cases, what are they talking about? Well, here are the basics.

The Basics

All of these claims are cases where someone has been injured or killed due to someone else's negligence (carelessness). These injuries can give rise to a claim for money damages for past and future medical bills, past and future wage loss, and past and future pain and suffering. If the only damage in your case is that your car was damaged, then you don't have a personal injury case – but you may have a property damage case.

Wrongful Death Cases

If someone else's negligence results in death, this accident can give rise to a wrongful death claim. State laws differ as to which relatives of the deceased can obtain damages for a wrongful death case. You should consult an attorney familiar with Idaho law or Washington State law on this subject, depending on where the crash occurred.

Critical Time Limits

Every type of personal injury case is governed by a statute of limitations. This means that, if a lawsuit is not filed within a certain time frame, the claim is forever barred. Washington and Idaho have differing statutes of limitations. Also, in Idaho, if the negligence was committed by a government agency, you must first file an administrative tort claim within 180 days of the injury, or you lose the right to sue even before the statute of limitations has run.

Get Prompt Legal Advice from an Experienced Personal Injury Attorney 

If you have been seriously injured due to someone's negligence, you should consult with an experienced personal injury attorney as soon as possible, so you don't lose any of your rights to recover monetary damages.

About the Author

James Bendell

Attorney James Bendell graduated from Rutgers Law School after completing his Batchelor's Degree at the College of William and Mary. After working two years as a prosecutor, he worked for 16 years as a litigator, trying lawsuits for insurance companies. His practice is now devoted to handling dis...

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