Asking for a trial date early in discovery is important. Your trial date will be used as an anchor in your case for timing. Your trial date will likely be 9 months to a year from the date you ask — and that time between is spent gathering information, speaking to witnesses, getting information to experts, etc.
Trial — if you have a trial, it will take days in most serious injury cases. This is why injury cases can take up to 2 years to resolve. The sad truth is that the process is a lengthy one, and requires allot of patience. Questions about your Virginia injury or malpractice case? Contact us. The legal process begins in a personal injury lawsuit by the person who is injured filing for compensation.
If you are injured in an accident due to apparent negligence, you are eligible for financial compensation. You receive money for your pain and injuries. This is known as damages. If the defendant is found guilty, he or she is responsible for paying damages to the plaintiff — the person who was injured.
In a personal injury case, damages are awarded if there was a breach of wrong civil action. The applicant, or injured person, receives compensation based on the position of the damages. In the case of personal injury damages , it is divided into two categories, i. With respect to general damages, the injured party is compensated for injuries by monetary aspects. General damages can include:.
In this type of scenario, the plaintiff must prove that these damages happened as a direct result of the injury and not pre-existing conditions. Only then could you, the victim, be eligible for compensation.
With respect to special damages , the victim is compensated for the monetary losses occurring because of an injury caused by the third party. Monetary compensation could be awarded for numerous reasons.
Here are examples of some of these typical reasons:. When it comes to repairing or replacing property and pursuing compensation for irreplaceable items, you must prove that your property was damaged in the accident or wrongful event caused by others. Pain and Suffering — You, as the victim, have the right to seek compensation for your physical pain and mental anguish that you are going through because of the injuries sustained in the accident. Medical Expenses for Treatment — The victim is eligible to receive compensation for all medical expenses incurred for the treatment of injuries as a result of the accident.
The victim also has the ability to claim for the compensation that is designated for future medical expenses. Damages that Result in Loss of Earnings — You are eligible to receive financial compensation for loss of earning capacity because of your accident-related injuries. What qualifies as recoverable are lost wages or salaries, bonuses, commissions, and fringe benefits.
Loss of Future Earning Capacity — You are able to file a claim to recover the value of your future earning capacity if you are unable to work as a direct result of the accident.
Damages that Lead to Wrongful Death — Your wife, parent, or child are eligible for damages for wrongful death claims. Everyone who is connected by blood or marriage, or who is dependent on the deceased, can request rightful recovery. Deformity — You can also file for compensation associated with deformity with respect to marks or scars caused by the injury.
As noted earlier, the length of time will vary depending on the extent of injuries and the number of parties involved. Often a case will last a year from the date of filing the complaint to settlement. It could also be six months. These are just broad overviews. Be aware that the law changes and that the rules can be more complex than indicated here.
An experienced lawyer should be able to explain the relevant law as it applies to your situation. Note: In , the California legislature "revived" claims for child sexual assault that had expired under prior law. Before , the limitations period was the date the victim turned 26 or three years after the victim discovered or should have discovered related adulthood psychological injury or illness. Victims whose claims had expired as of January 1, were given three years from that date to bring their claims, unless the limitations period for childhood sexual assault that's described above would give them more time than that.
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Grow Your Legal Practice. Meet the Editors. Filing a lawsuit on time is critical. Check out our FAQ for information on timing issues related to suing and being sued. Questions How long do I have to file my lawsuit? When does the clock start ticking for statutes of limitations?
Are statutes of limitations for suing someone always one year? I'm defending myself in a lawsuit for something that happened years ago. Will the judge automatically throw the case out? What are the statutes of limitations for suing government agencies?
What are the statutes of limitations in California? How long do I have to file my lawsuit? Earliest: The date of harm. Later: The date on which the plaintiff reasonably should have discovered the harm. This refers to the date when a judge considers it fair to say that the plaintiff should have known about the harm, even if the plaintiff didn't actually know about it. Latest: The date on which the plaintiff actually discovered the harm. Medical malpractice actions : Three years from the date of injury or one year from the date the plaintiff discovered or should have discovered the injury, whichever occurs first.
Breach of an oral contract: Two years. Breach of a written contract: Four years. Suits for libel or slander : One year. Personal injury claims based on negligence: Two years. Suits for injuries resulting from domestic violence: Whichever is later: three years from the last act of domestic violence, or three years from the date the victim discovered or should have discovered that an injury or illness resulted from domestic violence.
Childhood sexual assault: Whichever is later: 22 years from the victim's 18th birthday in other words, the date the victim turns 40 , or five years after the victim discovers or should have discovered that psychological injury or illness occurring after age 18 was caused by the sexual assault.
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