Sometimes, people injured in a crash are oblivious to their legal rights. A personal injury lawsuit can offer financial compensation for their losses. However, filing and understanding this type of lawsuit is not easy.
The following article discusses what a personal injury lawsuit entails—from the filing process to settlement negotiations. It also answers many common questions people have on the subject matter.
Understanding a Personal Injury Lawsuit?
The lawsuit aims to help the injured receive financial compensation for their losses or damages from the accident. The compensation covers lost wages, pain and suffering, and medical bills.
To win a personal injury lawsuit, the victim must convincingly establish that the defendant is liable for the accident. It means proving that the defendant was negligent or acted with intent to cause the accident. After establishing liability, the jury or judge will determine how much the victim may receive in damages.
Types of Personal Injury Lawsuits
The most common kinds of personal injury lawsuits include car accidents, defective product injuries, medical malpractice, workplace injuries, and slip and fall accidents.
The specific details and facts of one’s case will determine the type of personal injury lawsuit they will file. For instance, a personal injury lawsuit is most appropriate against the at-fault motorist, when injured in a car crash. However, if a defective product hurts someone, it is reasonable to file a product liability claim against the manufacturer, as well as the seller.
Steps to Take after an Accident or Injury
Take the following steps immediately after an accident or injury:
Seek Medical Attention: It does not matter the state of your injury; ensure you contact a physician immediately after an accident. Emergency medical personnel often attend to severe injuries at the accident scene before taking the victim to the hospital for further evaluation. Do not decline their offer.
Take Photos and Videos: Pictures and videos are often the best forms of evidence for how a crash occurred. Capture the accident scene, the vehicles/equipment involved, and your injuries.
Gather Information: If there are witnesses, get their names and contact information. If you suffered harm in a car crash, get the name and insurance details of the at-fault party. Also, take photos of their insurance card and driver’s license.
Preserve Evidence: Get medical records from your treatment and continued care after the crash. Also, keep records of all insurance correspondence you receive.
Keep a Personal Injury Journal: Sometimes, your words serve as the best evidence for your injuries because they aptly capture how the accident affects your life. Describe your pain level in your journals daily, the actions you could and could not take, and the impact of the injuries on your mental health.
Fault in Personal Injury Lawsuit Cases
In any personal injury case, the plaintiff or victim must prove that the defendant is the cause of their injuries. It means showing that the defendant was negligent or acted with intent to cause the accident. Proving negligence is the usual way to establish liability.
Negligence means being careless in a given context. That is, the defendant did not act reasonably. You must prove that the defendant owed you a duty of care and that they violated that responsibility, to prove negligence.
Negligence is the central issue in every personal injury case. The specific facts of your case will determine its outcome. For instance, was the defendant speeding or driving recklessly when the accident occurred? Was the defendant impaired because of alcohol or drugs? Did a defectively manufactured or designed product lead to a defective product injury?
A jury will ask these questions and more to determine liability.
Intervening and Superseding Causes
In some circumstances, the defendant may argue that another party or incident was responsible for the victim’s injuries. Such an argument is called a “superseding or intervening cause.” The two different argument’s are explained in detail below:
Intervening Cause: An incident breaks the causal chain between the plaintiff’s injuries and the defendant’s negligence. For example, if a motorist hit an individual, but the person stood up and walked away without seeking medical attention, the motorist could argue for an intervening cause. In this case that cause would be the victim’s refusal to seek medical attention for their injuries and their injuries were then enhanced due to their own actions.
Superseding Cause: This is where another incident surpasses the defendant’s negligence and is the only cause of the victim’s injuries. For example, a motorist hits a person and that person stands up , but after standing a lightning bolt strikes and gravely injures them. The motorist could argue, in this case, that the superseding cause of the victim’s wounds was the lightning bolt, not his negligence.
When More Than One Person Is Guilty
Some personal injury cases have more than one defendant. It can happen when more than one individual is negligent, and their action leads to the plaintiff’s woes. A typical example is chain reaction car accidents.
Motorist A is at fault if they are speeding and cannot stop in time, colliding with Driver B. However, if Driver C is also speeding or following too closely and runs into Driver A, causing A’s vehicle to hit B again, propelling further injuries on the driver, both Drivers A and C might be guilty. Here, the jury will assign a percentage of fault to every negligent party.
Respondeat Superior
Respondeat superior allows a victim to hold the employer of a person responsible for negligence if it occurred while the employee was serving within their employment scope. For instance, if you got injured in a car crash caused by a delivery driver, while they were working, you could sue both the motorist and their employer.
However, respondeat superior has some exemptions. You cannot hold an employer liable if the employee acted outside their employment scope when the accident occurred. For instance, if the delivery driver hits you with their company car while off duty, you cannot join their employer in your suit.
When the Victim is Partly Guilty
Sometimes, the plaintiff can bear fault under certain circumstances:
Contributory Negligence: A legal doctrine that precludes a plaintiff from recovering damages because they are partially responsible for their injuries. For instance, the court might overrule you if you were hit by a vehicle while crossing the street illegally.
Comparative Negligence: A legal doctrine that reduces the financial compensation of the injured victim because of their partial fault in the accident. For instance, if the jury finds that you contributed 30 percent to the accident, they will reduce your compensation by the same percentage.
Last Clear Chance
It is an exception to contributory negligence. The doctrine says that even if the victim is partially responsible for their injuries, they can still earn compensation if the defendant had the last chance to prevent the crash but failed to do it. For example, if the jury establishes that you were 50 percent responsible for the accident but found out that the driver had the chance to slam on the brakes or swerve away from you but failed to, you are still entitled to damages.
What Statute of Limitations Entails
The law defines the duration a plaintiff has to file a personal injury lawsuit after a crash. For instance, victims of most car accident injuries have three years to file a suit. Cases involving governmental entities usually have a reduced time period of two years to file.
Laws Governing Personal Injury Lawsuits
State negligence laws, the statute of limitations, and several other statutes govern personal injury lawsuits. In addition, much of the law is from precedent. This is because many jurisdictions follow common law derived from cases and not statutes.
How to File a Personal Injury Lawsuit
You must file a complaint with the court to commence a personal injury lawsuit. The document will outline your allegations against the defendant and the damages you demand. It will also include a summons, a document notifying the defendant of the lawsuit, that requires them to respond in a given duration.
The defendant must receive the summons and complaint before the official commencement of the case. After filing the complaint, the defendant will likely respond, either denying or admitting your allegations. The response also contains the defenses the defendant wants to use in court.
After filing the response, the two parties will exchange documents. The process is called “discovery.” During discovery, each party will demand information from the other, including medical records, financial documents, and witness statements. Testimony will be explored through depositions. The complexities of the case will dictate how long this process will take.
If the two sides cannot settle amicably during discovery, they may attend settlement conferences to attempt to further reach an agreement. Mediation may be essential in some jurisdictions. If all these processes fail, the matter will proceed to trial.
Most personal injury matters do usually end through the out-of-court options. The compensation often comes from the at-fault party’s insurance company.
The Place of an Attorney
A lawyer is not always mandatory in a personal injury case; you may not need a lawyer for a relatively minor accident without significant injuries. Insurance companies may offer fair settlements in minor accidents. Ensure they do not outsmart you.
However, you likely need an attorney in more severe cases. A personal injury lawyer understands the legal system, and can help you recover reasonable damages.
Media Information:
Whetstone Perkins & Fulda 2025
(803) 991-4668
