Calculating Damages in a Personal Injury Case

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Calculating the damages can be very intricate, and frequently, the parties use expert witnesses, like actuaries and economists, to give their assessments on the proper costs of damages. These calculations take in not just benefits and income earned outside the home, yet the financial value of care and services provided as well within the home by a homemaker parent (cooking, laundry, child care, house maintenance and cleaning, education, shopping, transportation, and medical care).

Time Limits

Each state sets particular time limits, known as the “statute of limitations,” on filing wrongful death cases. The rule is that a case should be filed in two years of the day of the deed that resulted in the death of the victim.

However, in particular cases, the time limits or statute of limitations could be as short as a year. Certain rules apply to people under 18 (minors typically have two years to file a case) and individuals with mental disabilities and in cases that involve intentional acts or fraud.

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Lawyer talking to the jury

In numerous states, the time limits do not start ticking until the injury is discovered (occasionally known as the “date of discovery”). E.g., if the failure of a doctor to diagnose cancer isn’t discovered for years following the error (as cancer lays inactive), the time limits may not begin until the patient discovers cancer.

A few states put a higher limit on the discovery date in certain kinds of cases, like construction, medical malpractice, product liability, as well as legal malpractice claims. For instance, a state may state that a survivor could file a case in two years from the discovery date of harm, but not over five years from the actual harm infliction.

Getting Help

As wrongful death actions frequently involve complex fields of the law (such as medical malpractice) and may cause huge damage awards, it’s frequently wise to take the services, or at least talk to, an attorney.