Definition:
Continuing injury refers to the ongoing harm or damage that occurs when an individual’s legal rights are violated. It is not a singular event but rather a persistent occurrence. This type of injury can manifest in various forms, including ongoing physical harm or emotional distress. It can be caused by criminal actions, such as assault, or civil actions, such as defamation.
Continuing injury refers to the persistent harm or damage that occurs over time, resulting in a violation of someone’s legal rights. It can be exemplified by situations such as prolonged exposure to toxic chemicals in the workplace leading to a chronic illness. While the initial exposure is considered the injury, the ongoing harm caused by the illness is classified as the continuing injury. Similarly, ongoing harassment or discrimination in the workplace can also be categorized as a continuing injury, with the initial harm being the first instance of mistreatment and the ongoing harm resulting from continued mistreatment. Continuing injury can be both a criminal offence and a civil wrongdoing, and in certain cases, legal remedies can be pursued to address the ongoing harm caused by the injury.
A continuing injury refers to a situation where the harm or damage caused by an incident or action continues to occur or worsen over time. It is not a one-time event but an ongoing process.
Yes, you can file a lawsuit for a continuing injury. However, it is important to consult with an attorney to determine the specific legal requirements and time limitations for your particular case.
Cases involving medical malpractice, toxic exposure, workplace accidents, and product liability often involve continuing injuries. These cases typically involve long-term or chronic harm that persists over time.
The statute of limitations for filing a lawsuit for a continuing injury varies depending on the jurisdiction and the specific circumstances of the case. It is crucial to consult with an attorney to determine the applicable time limit in your situation.
Yes, you may be entitled to compensation for future damages resulting from a continuing injury. This can include ongoing medical expenses, loss of earning capacity, and pain and suffering that you are likely to experience in the future.
To prove a continuing injury, you will need to provide medical records, expert opinions, witness testimonies, and any other relevant evidence that demonstrates the ongoing nature of the harm or damage.
Yes, you can seek compensation for emotional distress caused by a continuing injury. Emotional distress damages may be awarded if you can demonstrate that the ongoing harm has caused significant psychological or emotional suffering.
Yes, it is possible to settle a case involving a continuing injury out of court. Settlement negotiations can be initiated at any stage of the legal process, and reaching a settlement can save time, money, and emotional stress associated with a trial.
In some jurisdictions, you may still be eligible to receive compensation for a continuing injury even if you are partially at fault. However, the amount of compensation you receive may be reduced based on your level of responsibility for the injury.
If you suspect you have a continuing injury, it is crucial to seek medical attention immediately. Additionally, consult with an experienced attorney who specializes in personal injury law to understand your legal rights and options for pursuing compensation.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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