A Personal Injury Claims (lawsuit) involves a formal claim for compensation by an injured individual. The process typically unfolds over seven distinct stages:
- The individual sustains injuries.
- They engage a personal injury lawyer.
- An insurance claim is initiated.
- The lawyer negotiates and collects evidence if no reasonable settlement is offered.
- A lawsuit is officially filed.
- Evidence is compiled by both parties as settlement discussions commence.
- If an agreement isn’t reached, the lawsuit proceeds to trial.
Get hurt
All personal injury cases start with someone being injured. These injuries can be physical, but they may also include harm that is mental, emotional, or reputational. Common types of injuries that lead to personal injury claims include:
- Broken bones from a car accident,
- Fatal injuries from a dog bite that result in a wrongful death lawsuit,
- Nerve damage from a workplace accident,
- Emotional distress from witnessing a family member being seriously injured,
- Damage from being slandered or defamed,
- Financial loss due to a breached contract induced by another party.
Many of these injuries are accidental, often arising from another’s negligence. However, some are intentional. Regardless of intent, if another party is responsible for causing harm, they may be liable to compensate the victim for their losses.
Hire a personal injury lawyer
After sustaining injuries, it’s advisable to hire a personal injury lawyer, particularly if the injuries are severe. A personal injury attorney from a reputable law firm can provide critical assistance in various ways. Your lawyer can:
- Assess the full extent of your losses,
- Evaluate the fairness of any settlement offers,
- Alleviate stress by navigating the legal process, which is often unfamiliar to victims,
- Collect evidence to bolster your claim for compensation, and
- Offer insights gained from representing many other victims.
Securing legal representation for a personal injury, or tort, claim can significantly enhance the likelihood of its success and potentially increase the compensation you receive. Most attorneys handling civil lawsuits work on a contingency fee basis, meaning their payment is contingent upon the success of your legal action—you only pay if you win.
File an insurance claim
When you get injured, insurance coverage often plays a crucial role. This is especially true in scenarios such as:
- Car accidents, where drivers must have liability coverage under their auto insurance policies.
- Premises liability cases, commonly known as slip and falls, which are likely covered under business or homeowners’ insurance policies.
After you submit an insurance claim, the insurance company will present an initial settlement offer. This offer may come even before you formally file a claim. Designed to be attractive, these initial offers typically aim to settle claims for less than their worth, as insurance companies look to protect their profits by minimizing payouts.
If the party at fault does not have insurance, compensation can still be sought by:
- Filing a claim with your own insurance, if your policy covers the situation, or
- Pursuing personal liability against the at-fault party.
The claim is negotiated as evidence is gathered
As your personal injury lawyer collects evidence to substantiate your claim, they will also engage in negotiations on your behalf with the insurance company or the opposing party.
The methods your lawyer employs to investigate your case will vary based on the type of claim and its specific circumstances. Typical investigative approaches include:
- Photographing the scene of a slip-and-fall accident,
- Securing a police report from a truck accident,
- Interviewing eyewitnesses,
- Conducting depositions of involved parties,
- Gathering documentation of your losses, such as lost wages, medical records, and medical bills.
As more evidence is compiled, the details of the incident and the full impact of your injuries and other losses become clearer. This clarity aids both your attorney and the insurance adjuster, or the opposing attorney, in negotiating a fair settlement offer.
At this stage, many personal injury claims are resolved when a satisfactory settlement offer is made, and the injured party agrees to accept it. Accepting this offer typically requires you to relinquish your right to pursue further legal action regarding the incident.
File a personal injury lawsuit
If a fair settlement cannot be reached through informal negotiations with the insurance company or the opposing party, the next course of action is to file a personal injury lawsuit. This formalizes your demand for compensation through the courts.
The lawsuit filing must occur before the statute of limitations for your case expires. Upon filing, the document submitted is called the complaint, which must be officially filed in court and served on the opposing party, now designated as the defendant. There could be multiple defendants in some cases.
By filing the lawsuit, you transition from being a claimant to a plaintiff.
Shortly after the complaint is lodged, the court sets a date for the trial.
A settlement is negotiated
After filing a personal injury lawsuit, settlement negotiations typically continue alongside the evidence-gathering process by legal teams representing both the plaintiff and the defendant.
Settlement conferences are arranged where attorneys from both sides attempt to negotiate a mutually agreeable settlement. The court often exerts pressure on both parties to reach a settlement.
As more evidence is collected and your recovery progresses, the value of your claim becomes clearer, potentially narrowing the gap between what you demand and what the defendant offers.
This convergence, coupled with the inherent risks of trial for both sides, leads to the settlement of the majority of personal injury claims. In fact, a study revealed that 98 percent of personal injury cases are resolved without going to trial.
The personal injury claim goes to trial
If a settlement is not reached or the case is not dismissed, it proceeds to trial. At trial, your lawyer will present evidence and argue that you sustained injuries for which you deserve compensation. Conversely, the defense will contend that:
- You contributed to your own injuries,
- Your injuries are not as severe as you claim, or
- Someone else, not the defendant, is responsible for your damages.
The decision in the case will be made by a jury or a judge, in the case of a bench trial. They will evaluate the evidence and deliver a verdict.
Should the verdict be unsatisfactory, you have the option to appeal the decision.
What are some common types of personal injury cases?
Personal injury claims can arise from a variety of circumstances, depending on the cause of the injury and who is potentially at fault. Here are several common types of personal injury cases:
- Motor vehicle accidents,
- Bicycle accidents,
- Dog bites,
- Medical malpractice,
- Intentional infliction of emotional distress,
- Slip and fall incidents,
- Negligent hiring practices,
- Assault and battery and other intentional acts of violence,
- Workers’ compensation claims,
- Products liability claims, particularly if injuries are caused by defective products,
- Drowning accidents.
What is the statute of limitations under personal injury law?
The statute of limitations is a law that sets the maximum time after an injury within which legal proceedings may be initiated. The length of time allowed under the statute of limitations varies depending on the type of personal injury claim.
For example, in California, the statute of limitations is generally:
- 2 years for most personal injury cases,
- 2 years for wrongful death claims,
- 1 year for defamation cases,
- 3 years after the occurrence of medical malpractice, or 1 year after the injury should have been discovered, whichever occurs first.
There are circumstances under which the statute of limitations may be tolled or extended.
Filing a personal injury lawsuit after the statute of limitations has expired typically results in the case being dismissed.
What compensation can I recover here?
Victims of accidents can claim financial compensation for the full spectrum of their losses related to the incident.
Compensation extends beyond covering medical expenses and income losses. It also encompasses compensation for pain and suffering, emotional distress, and property damage. Additionally, it can include damages for the suffering of loved ones, such as loss of consortium.
In exceptional circumstances, punitive damages may also be awarded.
However, the amount recoverable can be affected if you are found to be partially responsible for your injuries. Personal injury laws vary by state, employing either:
- Contributory negligence, which can completely bar recovery if you are at all at fault, or
- Comparative fault, which adjusts compensation based on your degree of fault.
These laws require a jury to assign fault percentages during a trial, influencing negotiations and settlements, as lawyers typically estimate settlements based on anticipated jury decisions.
