Overview of the Personal Injury Lawsuit Process

The personal injury lawsuit process is very complicated. Therefore, a person who has been injured in an accident should hire a competent personal injury attorney.

What Is Personal Injury Law?

Personal injury law is focused on compensating victims who have been injured in accidents or who have otherwise suffered harm as a result of the negligent acts of another. Personal injury attorneys represent clients in a variety of matters including:

Auto accidents;
Truck accidents;
Slip and fall accidents;
Trip and fall accidents;
Work-related injuries;
Dog Bites;
Slander;
Slander Of Title; and
Defamation.

Some areas of personal injury law are very complex and require specialized knowledge. Examples of these areas of personal injury law include:

Medical malpractice;
Dental malpractice;
Psychiatric malpractice;
Toxic torts;
Products liability;
Premises liability;
Airplane, train, and cruise ship accidents; and
Prescription Drug/Pharmaceutical Malpractice.

Statute of Limitations in Personal Injury Cases

The statute of limitations is the amount of time a plaintiff has to file a personal injury lawsuit. The statute of limitations is governed by state law and, thus varies from jurisdiction to jurisdiction. The type of lawsuit and the allegations in the complaint may also determine the length of the statute of limitations period. If an accident victim fails to file suit before expiration of the statute of limitations, he claims are forever barred.

Elements of a Personal Injury Case

A plaintiff in a personal injury case must prove several elements in order to prevail. Depending on the nature of the case, these elements may vary slightly, but generally a plaintiff must prove:

That the defendant had a duty to act or refrain from acting in a certain manner;
That the defendant breached that duty of care;
That the plaintiff was injured; and
That there is a causal relationship between the defendant’s breach of the duty of care and the plaintiff’s injuries.

Types of Damages in a Personal Injury Case

If a plaintiff successfully proves these elements, he will be entitled to recover damages. Damages in a personal injury case consist of compensatory, also known as economic damages, and non-economic damages, also known as pain and suffering. If a court or jury determines that a defendant’s acts or omissions amounted to gross negligence, a plaintiff may also recover punitive damages.

Getting Legal Help

Most personal injury attorneys handle personal injury lawsuits on a contingency basis. This means that if there is no recovery, the attorney will not be entitled to be paid attorney’s fees. Therefore, anyone who has suffered a personal injury should not hesitate to hire a personal injury attorney. Keep in mind, however, most contingency fee agreements require a plaintiff to reimburse the attorney for all out-of-pocket expenses.

Have a Personal Injury Case?