Los Angeles Injury - My blog about personal injury

Criticisms about Personal Injury law

CriticismsCriticisms about Personal Injury Law can be found in every state of the Union. The reason for that is every state has their own set of laws and statues. So, depending on where you live, you can win, but not break even. People are conditioned to think if they get hurt, they can sue to make up for it, this is not always true. In sad instances, some people lose everything they have worked for before they ever see a settlement.

In all 50 states, there is a statute called the Statute of Limitations. The statute sets a time limit on how long you have, to file your lawsuit. The time limit is from one to seven years. The states break it down even further to different injuries, such as personal accidents, motor vehicle accidents, medical malpractice. Children under eighteen may have longer than an adult to file. This period does not begin until the person filing suit knew that they had suffered harm. An example of “discovery of harm” claim of malpractice, where a surgeon leaves a clamp in the patient, the time would start when the patient was notified of the error.

It does not, however, give a time limit in which the case will be settled. While you may be restricted by a time limit, the insurance company of the person you are suing can take as long as they want. My question, why does someone living in Maine or North Dakota have six years to file, while the person that lives in Tennessee only has one year. In this sense, the man living in Tennessee is not equal to the man in Maine. Is the man living in Tennessee represented the same as the men from other states? We were raised to believe that all men are created equal. Criticisms about Personal Injury law only happen when the laws are created unequally and made to favor businesses and not people.

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