A personal injury lawsuit is a type of civil case that occurs when one party feels they have been injured because of someone else’s negligence or wrongdoing. It helps the injured person recoup medical expenses via financial compensation for medical treatment and lost wages due to the accident.
Personal injury law is confusing; for many, an accident is their first brush with the legal world. This guide will go over the basics, but an experienced personal injury attorney can give you personalized advice and help untangle the legal maze after your accident.
What is a personal injury lawsuit?
A personal injury lawsuit is a legal case that emerges when one person suffers an injury from an accident, and they believe another person or company might be legally responsible for that injury. It's a legal path that allows the injured person to seek financial compensation for their losses.
The injured party (aka the “plaintiff”) can seek the following damages:
- Current and future medical bills
- Lost wages
- Loss of earning potential
- Pain and suffering
- Loss of enjoyment of life
- Emotional trauma
- Loss of companionship
Personal injury cases are civil cases that fall under the umbrella of tort law, but they deal specifically with cases where a party causes physical harm or emotional distress. So, if your property is damaged by someone, it wouldn’t fall under personal injury law.
Types of personal injury cases
Many cases qualify as personal injury; here are the most common:
- Car accidents: Incidents that happen between two drivers, like merging or head-on collision. Hitting a pedestrian or wrongful death of a cyclist also count as car accident cases.
- Slip and fall cases: Injuries that stem from unsafe conditions like uneven or cluttered flooring.
- Medical malpractice: These cases occur when a healthcare professional fails to provide proper care, like forgetting to check your blood type or committing a surgical error.
- Product liability: Cases involving defective product or design—including faulty parts or misleading marketing—that make the item harmful for customers.
- Workplace injuries: Any accident or death that occurs at the workplace or while using company equipment, like driving a company truck.
- Dog bite accidents: Unprovoked snapping, biting, or chasing from a dog that results in an injury fall counts as a personal injury.
- Wrongful death: When a death occurs as a result of someone’s action.
- Intentional acts: Personal injury caused by a person acting on purpose, like assault. Intentional infliction of emotional distress, where a person acts maliciously to cause harm to another's mental state, also qualifies as a personal injury case.
Liability in personal injury law
A personal injury case hinges on the plaintiff's ability to prove the other party’s liability in the accident. The most common way to show liability is to prove the defendant's negligence—that the at-fault party failed to demonstrate care that a reasonable person would have shown in the same situation.
The concept of negligence revolves around the duty of every person to act responsibly and avoid putting others at risk. Prime examples of negligence would be failing to stop at a red light or forgetting to place a “wet floor” sign.
In personal injury cases, to prove negligence, you must establish four legal elements:
- Duty of care. This refers to someone's legal duty. For example, drivers have a duty of care toward others using the road. The plaintiff needs to show that the defendant owed a duty of care in the scenario.
- Breach of duty. This happens when a person or company fails to uphold their legal duty and the expected standard of care was not met, resulting in an injury. For example, a motorcyclist speeding within a residential community would be considered a breach of duty.
- Causation. The victim must prove a cause-and-effect relationship. Meaning their injuries wouldn’t have occurred if the accused party had not committed a breach.
- Damages. The injured victim must demonstrate they suffered tangible and intangible loss because of the injury.
Third-party fault
Sometimes, the defendant might argue that the accident occurred because of a third party. In personal injury law, these are known as intervening or superseding causes.
- Intervening cause. This is something that breaks the chain of events, and therefore, it becomes difficult to prove causation between an at-fault party’s action and the injuries. For instance: Laura slips down the stairs because the store owner forgot to post "wet floor" signage. Another customer helps her up, but does so in a manner that worsens her injury. The intervening event is the other customer who rushed to assist her but that doesn’t mean the store owner is off the hook for Laura’s injuries.
- Superseding cause. A superseding cause is an unforeseeable event that occurs simultaneously or just before the accident and becomes the sole cause of the injury. Superseding causes the transfer of the blame to another party or a natural event. Let’s say a pedestrian gets knocked over by a cyclist during her evening stroll, but while getting up, she gets struck by lightning. The cyclist could argue that getting struck by the lightning bolt caused the injury.
Contributory vs. comparative negligence
There could also be instances where you are partially responsible for your injuries. Such scenarios have two likely outcomes and your state’s laws dictate if you can claim damages.
- In states that follow comparative negligence laws, the plaintiff can’t receive any compensation for damages if they are partly responsible for the injury. If we return to Laura's example and discover that she was distracted while descending the stairs because she was texting, the state could bar her from any damages.
- If your state allows contributory negligence, your right to damages will be deducted by the percentage for which you were at fault. For instance, if the court found Laura to be 20% responsible for her injuries, she could still file a lawsuit against the store owner, but her compensation would be reduced by 20%.
Strict liability
This legal rule states that in certain situations, the injured person doesn’t need to prove liability. The defendant will be held responsible for the injury even if they didn’t act negligently or maliciously. Strict liability principles are common in product liability cases and extremely hazardous situations like working with toxic chemicals or explosives.
Statute of limitations for personal injury lawsuits
Statutes of limitations set a time limit on how long a plaintiff has to file a personal injury lawsuit. The limitation period starts the day of the accident or when the injury occurs and extends between one to six years. This deadline changes across state borders. It's best to consult a personal injury attorney to know how long you have to sue.
8 steps in a personal injury lawsuit
Below is a general overview of how personal injury cases work.
Step 1: Consult with a personal injury attorney
Personal injury laws are complex because much of it is based on cases and not clear-cut statutes. It’s intimidating to go up against insurance companies that are known to force plaintiffs to accept a low settlement. Settlement negotiations and trials can drag on for months, if not years. It’s best tohave a lawyer on your team who will fight tirelessly to prove negligence and ensure you receive the compensation you deserve.
Explain to them what happened and show relevant evidence. They will examine the legal case's value, explain your rights, and tell you if you have a shot at recovering damages. In some cases, the attorney may speak to your insurance company and realize that the policy will pick up all of your expenses, so there's no reason to sue.
Step 2: Start investigation
Proving the defendant's negligence is key in personal injury cases. The plaintiff requires evidence, which an attorney can help gather. The lawyer can take accident scene photos, obtain medical records, review CCTV footage, and get copies of police reports. They can also track down and interview eyewitnesses.
Step 3: Pre-lawsuit negotiations
One way to quickly settle matters before they escalate is tosend a demand letter to the other party or their insurance company. The demand letter tells them you’ve been injured and seek compensation. You’ll be forced to lodge a formal complaint if they don't pay up.
If they respond with an offer, there could be some back-and-forth negotiations before arriving at a final settlement figure. These are known as pre-lawsuit negotiations.
Step 4: File a complaint in court
If the pre-lawsuit negotiations don't lead to an agreement, it’s time to initiate a formal lawsuit. This begins with filing a complaint in court.
The complaint should include the following:
- Facts of the accident
- Legal allegations of liability
- Amount of compensation sought
- Reference of applicable statutes and law
Step 5: Defendant’s response
After filing, it’s your responsibility to serve the complaint papers to the defendant. You can also hire a professional process server to serve the papers (in fact, your state law may require this) or hand off the responsibility to law enforcement. The defendant gets a fixed period, commonly 30 days, to answer. If they fail to respond, you can file a motion to get a default judgment.
In most cases, the defendant will respond with a “yay” or “nay” against your allegations. If they deny their fault or admit partial liability, their response will mention the defenses they plan to use in court.
Step 6: Discovery process
After receiving the response, both parties engage in a phase of discovery and information sharing. Your lawyer will secure additional evidence through depositions, interrogations, and witness statements. This phase can take several weeks to months.
Step 7: Settlement negotiations
Most parties will likely settle before going to court because resolving matters outside of court gives each greater control over the outcome. When you go to trial, the final decision is ultimately in the hands of the judge or jury. Some attorneys may also suggest working with a mediator to resolve matters quickly.
Step 8: Go to trial
When negotiations are deadlocked, take the case to court. Litigation is a long process where each side puts their argument and evidence before a judge or jury. If the judge or jury finds the defendant guilty, they will make the final decision and award a settlement.
How much can I expect in a personal injury settlement?
Unfortunately, there’s no magic formula to predict a personal injury settlement amount. However, the 2005 figures from theBureau of Justice Statistics should give you a fair estimate of what to expect.
- Half of personal injury plaintiffs were awarded $24,000 or less
- Median award for car accident payout was $16,000
- Average personal injury settlement for all injuries was $31,000
- Average payout in product liability cases was $748,000
Factors that affect settlement amounts
The final settlement figure for your case will vary depending on case complexity, severity of injuries, long-term impact of injury, jurisdiction, medical expenses, amount of evidence, and parties’ willingness to negotiate.
Types of damages available
Judges and juries consider the following categories of damages while allotting compensation:
- Economic damages. These can include medical expenses, property damage, lost wages, and other financial losses incurred because of injuries.
- Non-economic damages. These damages are difficult to put a value to. They include physical pain and suffering, emotional distress, loss of companionship, anxiety or PTSD, and disability.
- Punitive damages. These are awarded separately from actual damages in cases of extreme negligence and harm to prevent such behavior from occurring again.
FAQs
What should I do after a personal injury?
Assess the accident and injury and call for medical attention. If you are able to, exchange personal information and insurance policy details with the other party and preserve evidence. File a police report and seek legal representation as soon as possible.
How long does a personal injury lawsuit take?
A personal injury case usually settles within five to 18 months if it stays out of court. It can take one to two years if litigation comes into the picture. Factors affecting the timeline include case complexity, injury severity, insurance coverage, liability proof, and the defendant's willingness to settle.
Find out more about personal injury
Get started
