If you have been hurt by another, you have the right to file a lawsuit to recover your damages. This is the general rule, but certain types of cases have restrictions on who may make the claim. For instance, in a wrongful death action only certain family members are permitted to bring an action. The rules on who can sue for a personal injury and what is required are complicated, and having a qualified attorney by your side increases your chances for obtaining maximum recovery. There are also specific timelines you must abide by, and your attorney will make sure you do not miss any of the important dates.
The limitation period to file a lawsuit for damages in a personal injury matter is two years. If you miss this deadline, you are not permitted to file an action. Along with filing on time, you also need to take care that the proper person is the one bringing the suit. Here are some general guidelines:
- Car accident cases: any hurt person may bring an action for injuries in a car wreck, including the driver and any passengers. So, if you were riding along with a friend and got in accident, you are not precluded from filing a lawsuit just because you were not one of the drivers.
- Wrongful death actions: whether from a fatal car accident or some other incident where a loved one is wrongfully lost, the surviving spouse usually files the lawsuit in a wrongful death action. If there is no surviving spouse, parents and children have the ability to bring an action to recover the damages caused by the trauma of a sudden and unexpected death.
- Accidents in public places: shopping malls, grocery stores, public parking lots, and construction sites all pose serious hazards where an accident might happen. A slip and fall or an accident involving a large piece of equipment are common in these places, and the victim has the right to sue for damages.
Making sure the proper party initiates an action is a vital piece of every case. In most circumstances the plaintiff is obvious, but that is not always true. In order to make sure you proceed properly, so the risk of having your case dismissed is avoided, call our office today.
If you or a loved one has been in an accident, we can help. Contact the attorneys at Yetnikoff Law Offices, PLLC for answers to your questions about personal injury lawsuits. Call us at 800-279-6331 or visit us online.