Continuing injury refers to an injury that is ongoing or still occurring. This type of injury can arise from repeated actions or conditions, such as persistent noise or pollution from a factory. Legal remedies, such as a court-issued injunction, may be sought to prevent further harm. In terms of legal claims, the date of each individual injury is considered the accrual date for damages.
Continuing injury is primarily relevant in civil law, particularly in personal injury cases and environmental law. It can involve claims against entities for ongoing harm caused by their actions. Users may find legal forms helpful for filing claims or seeking injunctions to address continuing injuries. US Legal Forms offers templates that can assist individuals in navigating these legal processes.
Here are a couple of examples of abatement:
Example 1: A resident living near a factory may experience ongoing health issues due to constant exposure to toxic smoke. They can file a claim for damages based on the continuing nature of their injury.
Example 2: A person suffering from chronic noise disturbances from a nearby construction site may seek an injunction to stop the noise, as it constitutes a continuing injury. (hypothetical example)
Examples of state differences (not exhaustive):
| State | Key Differences |
|---|---|
| California | Has specific regulations on environmental noise and pollution that may affect continuing injury claims. |
| New York | Allows for claims based on ongoing nuisances, emphasizing the need for evidence of repeated harm. |
| Texas | Focuses on the immediate impact of continuing injuries, with specific statutes guiding claims related to property damage. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Key Differences |
|---|---|---|
| Continuing Injury | An ongoing injury due to repeated actions or conditions. | Focuses on the continuous nature of harm. |
| Permanent Injury | An injury that is irreversible and will not improve over time. | Permanent injuries are not ongoing; they are fixed and unchanging. |
| Single Event Injury | An injury resulting from a specific, one-time incident. | Unlike continuing injuries, these do not involve repeated harm. |
If you believe you are experiencing a continuing injury, consider taking the following steps:
Browse our library of 85,000+ state-specific legal templates.
| Attribute | Details |
|---|---|
| Type of Law | Civil Law |
| Common Claims | Personal injury, environmental harm |
| Accrual Date | Date of each individual injury |