How Do I File a Personal Injury Lawsuit?

Have you suffered a personal injury due to negligent behavior of another person? You can get compensation for the injuries by filing a personal injury lawsuit. Getting stuck with thousands of dollars in medical bills and lost salaries can create serious financial difficulties. By filing a personal injury compensation claim in court, you can get the necessary compensation amount that can ease financial problems. However, you should consider negotiating a settlement before filing any civil lawsuit and consulting with an experienced injury lawyer is highly suggested before you take any action. 

Filing a personal injury claim is the first step to get coverage for expenses from the at-fault party. However, the process can be daunting for most people. Here you will learn how to file a personal injury lawsuit, and also why it's important to get professional help for filing the case.

The Process of Applying for a Personal Injury Lawsuit Explained

The first step in the process of filing a personal injury lawsuit is to file a Cause of Action at the local court. In almost all civil cases (like personal injury), your state will have jurisdiction so you'd most likely be filing in the county where you live. The claim explains the circumstances surrounding the personal injury and also its financial repercussions. A person who files a claim is known as the plaintiff.

Once this formal process is completed, the opposing party may approach you to settle a claim. The claim process can either be settled through a pre-trial settlement offer or mediation. In case a settlement is not reached with the opposing party, the matter moves to the court.

The defending attorney will assess your statements and try to undermine the extent of your claim. The attorney will stay observant of any errors you make while presenting your case. Not knowing the legal nuances regarding the case can result in the defending attorney influencing the court to minimize the compensatory award, or reject the case altogether. This is the reason that it's advisable to hire a professional and experienced personal injury lawyer to represent your case.

Are there Any Limitations for Filing a Personal Injury Case?

You must file a personal injury case within a specific time after sustaining personal injuries. If you don't file within the time period specified in your state's statute of limitation, you can be barred from ever receiving a compensatory amount for your injuries.

For instance, in California, the Code of Civil Procedure section 335.1 states that an individual can file a personal injury case within two years from the date of the injury or when you came to know about an injury. You should file a personal injury case within the time period to get compensation for your injuries.

Do I have a Personal Injury Case?

Personal injury is a broad term that covers different types of cases and some cases are more common than others. You should know the type of injuries for which you can file a personal injury claim. This is important so that you get rightful compensation for emotional, physical, and financial loss suffered due to an injury caused by another person.
Here are the most common types of personal injury claims that are filed: 

• Car Accident Injuries: Car accident injuries are the most common type of personal injury lawsuit. A person who causes an accident due to negligent behavior or willful disregard of road rules must compensate the victims for injuries. The careless driver, (or most likely their insurance provider), needs to compensate the victim who suffers emotional and physical pain and financial suffering due to the accident. Exceptions exist in states with 'no fault' laws. In such states, the injured person must collect compensation from his or her own insurance company for less serious injuries. California is considered a fault or tort state, meaning that the guilty party must compensate the victim for any kind of injuries.
• Slip/Trip and Fall Injuries: Slip and fall injuries are another extremely common type of personal injury case. A person can fall and get injured due to wet floors, defective stairs, cluttered merchandise, unkempt ailes, broken shelves, unlevel walking surfaces, or a plethora of other hazards. These are all cases of slip and fall personal injuries. The injured person can bring a case against the property owner or party responsible for the lack of maintaining a property and creating or ignoring a dangerous condition to get compensation for their slip and fall injury.  However, the plaintiff must prove in the court that the injury occurred due to negligent actions of the defendant to get compensation.
• Medical Malpractice: Another common type of personal injury is medical malpractice injuries. They refer to injuries that arise due to negligent actions, or gross misconduct of healthcare professionals. A person who gets injured can file a case if the doctor or medical professional did not provide reasonable care expected of the profession.
• Dog Bite Injuries: A lot of dog bite injuries occur in the US and the vast majority involve children. They can also be a basis for a personal injury case. Different states have different laws regarding the liability of the dog owner. Dog owners in states of 'strict liability' such as California are responsible for a dig bite injuries regardless of whether they acted responsibly to prevent an attack. In other states, knowledge of dangerous tendencies of the dog comes into play to determine the fault.

Filing a personal injury lawsuit can be challenging. No two personal injury cases are the same and you should take great care if you're considering filing a personal injury lawsuit on your own. As with all legal information on this website, this is not legal advice and you should further research this matter and consult with a qualified injury attorney to get all of your questions answered. 

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