Frequently Asked Questions
- Page 5
What is the North Carolina products liability statute of limitations?
The statute of limitations for products liability claims in North Carolina is 6 years. (NC Gen. Stat. § 1-50). For claims involving defective products, dangerous drugs, or a manufacturing defect in a product, injured parties must bring a civil lawsuit within 6 years of sustaining their injuries. If claims are not brought within their statute of limitations period they will be time barred by the court. If you need help deciding whether to pursue a products liability claim contact our firm today to discuss your case.
When does the statute of limitations begin to run on a medical malpractice claim based on negligent failure to diagnosis tumor or cancer?
For medical malpractice claims based on negligent failure to diagnosis tumor or cancer, the 2 year statute of limitations is extended for one year from when the cancer is communicated, but can never be extended more than 10 years. (Va. Code 8.01-243) A statute of limitations is the period during which one can bring a legal claim in a court of law. The statute of limitations begins to “accrue” or run when a specified action occurs, here when the existence of a tumor or cancer is communicated. When you are trying to recover for medical malpractice in a civil lawsuit attention to the details of civil procedure is critically important to the fate of your overall claim. Contact our firm today to find a medical malpractice lawyer in Virginia who will help guide you through the process of receiving legal damages for the pain and suffering caused by a doctor’s failure to diagnose a tumor.
What is the Virginia wrongful death statute of limitations?
The statute of limitations for wrongful death claims in Virginia is within two years of the death of the injured person. (Va. Code 8.01-244). A statute of limitations is the period during which one can bring a legal claim in a court of law. For claims involving wrongful death, or death at the hands of another due to misconduct or negligence, a civil lawsuit to recover damages must be brought within 2 years after the death occurs. If claims are not brought within their statute of limitations period they will be time barred by the court. If a loved one has passed and you believe a wrongful death claim is appropriate it is important to contact a law firm like this one that has successfully tried wrongful death cases in the past as soon as possible.
What is the Virginia medical malpractice statute of limitations?
The statute of limitations for medical malpractice claims in Virginia is 2 years. (Va. Code 8.01-243) A statute of limitations is the period during which one can bring a legal claim in a court of law. For claims involving medical malpractice or improper, negligent, or illegal treatment by a medical professional, claims must be brought within 2 years from the time that the injured party received the treatment. If claims are not brought within their statute of limitations period they will be time barred by the court. If you have questions about your medical malpractice claim within this time frame contact our firm and let our experienced medical malpractice lawyers talk you through your potential claim.
What are the types of harms and damages that can be recovered in a Virginia wrongful death case against a negligent party or company?
Virginia, like most states allows recovery for the survivors’ sorrow, mental anguish, loss of solace, comfort, the advice of the decedent, reasonably expected loss of income that the decedent would supply beneficiaries. In addition, Virginia allows for reasonably expected loss of services, protection, care and assistance as well as recovery of expense for the care, treatment or hospitalization of the deceased loved one resulting from the injury that caused death. Last, funeral expenses are recoverable.
If I have suffered an amputated toe, finger, thumb, what are some of the things I should look for in a personal injury attorney to help me recover for the amputated body part?
In our prior cases, we have worked closely with surgeons and doctors involved in treatment to explain the permanent aspects of the amputation injury of a finger, a thumb, a toe or other body part. By having represented workers in the past, we are familiar with the massive psychological impact of an amputated body part. It goes well beyond disfigurement and it goes to how it affects the psychological state of our client, not only in the short term but for the rest of their life. We have experience in developing a team of necessary expert witnesses who can help with this type of claim.
If I suffer an amputation injury at work, I can only get workers' compensation right? Do I have any claim or can I bring a lawsuit against any other party besides my workers compensation claim through my employer?
On-the-job injuries are typically covered by workers' compensation, that part is true. You get workers compensation on a “no fault” basis, but the bargain means you can’t sue your own employer.
Whether a claim can be brought against a separate party such as a product supplier, or a supplier of some other equipment that led to the failure causing the amputation, could lead to a possible third-party negligence claim. When we say third-party claim, we mean a negligent party besides your own employer who is responsible for paying workers' compensation benefits. If there is a possible defect of an equipment supplier's product, or if the negligence of a party besides your employer caused the amputation injury, consult with one of our attorneys for a free confidential consultation.
Click below to find out more information on VA amputation injuries
I crushed one of my fingers at work, and I'm concerned about whether it will survive or need to be amputated. What should I know about whether I need an attorney to help with this claim?
If there is a party that provided a defective product or supplied something defective which led to the crush injury, you should consult with one of our product liability and personal injury lawyers about your crush or possible amputation injury. An attorney can explain how we will present psychological and physical aspects of a serious injury like this in order to obtain maximum compensation, as we have handled these type cases in the past.
Click below to find out more information about VA amputation Injuries
The railroad sent me a pamphlet saying it would fairly compensate me for my work injury. They say that if I hire my own lawyer it will cost a fortune and take all of the money. Is the railroad telling me the whole story?
Of course not. First of all a lawyer must present a written agreement in order to become your attorney and it sets forth the legal fee, which is typically a percentage of the recovery-so the worker is not paying out of pocket unless there is a recovery. What the railroads never tell you, is they are having their lawyers figure out ways to defeat your claim while you deal with the claim agent, and vital evidence that you own lawyer would acquire is not being acquired on your behalf. But, if you have permanent injuries not hiring a lawyer is even worse. The railroad claims agent will never get reports from your doctors about the permanent injuries you have suffered in order to decide to pay you MORE for permanent consequences of your injury. The claim agent will totally ignore the future consequences. And, the claim agent will never tell you whether the railroad is aware that it violated a safety regulation or was negligent, which is a condition that you must prove in order to recover under the governing FELA law. You should seek a free confidential consultation from an experienced railroad attorney at our firm if you have any concerns after reading this.
What is the period of time to file a suit for railroad worker on the job injury claims under the FELA (Federal Employer’s Liability Act)?
Three years from when the worker knew or should have known that their injury or disease arose from work at the railroad. In disease cases, the key is when the 3 year timeframe begins is the tricky issue, so consult with one of our experienced Virginia railroad worker injury attorneys on this issue.