5 Things to Know about Personal Injury Lawsuits

Personal injury lawsuits are one of the more common types of lawsuits filed today. But this does not mean they are any less upsetting, time-consuming or confusing, especially if you are filing a personal injury lawsuit for the first time.

In this article, we walk you through five key things you need to know about personal injury lawsuits, whether you are considering whether to file one, are in the process of filing or are already in litigation.

1. A personal injury lawsuit is a civil court case.

As FindLaw points out, a personal injury lawsuit is tried through the civil court system rather than through the criminal court system.

The basic difference is that civil cases are initiated by a civilian and criminal cases are initiated by the government. However, the party being sued can still be a government official or entity.

2. A personal injury lawsuit has three typical outcomes.

The three most common outcomes of filing a personal injury lawsuit are as follows:

– Formal resolution.

With a formal resolution, the result of filing your personal injury lawsuit is that you proceed on to trial in the civil court system.

– Informal resolution.

With an informal resolution, the act of filing the lawsuit initiates a less formal process of coming to mutually agreeable settlement terms outside of a court of law.

– Arbitration.

Arbitration is one of several options for reaching a settlement between two parties. It is less formal than a court trial but more formal than an informal resolution, as NOLO points out.

3. Personal injury lawsuits have a statute of limitations.

A statute of limitations is a term that means you must file your lawsuit by a certain date or you will lose your right to sue.

Typically the clock starts ticking from the point in time when you sustained the injury or the accident occurred. The time period you have to sue varies by state and can also vary by the type of injury.

4. There are four basic parts to a personal injury lawsuit.

As i-Lawsuit explains, there are four basic parts that make up a personal injury lawsuit. If any one of these elements is missing, the case will fall apart.

Here are four elements in order:

– Duty.

The entity or individual you are suing (the “defendant”) had a legal responsibility to do something (or not do something) to avoid the injury or accident you sustained.

– Breach.

The defendant didn’t uphold their legal responsibility – aka they “breached” it, which is why you got injured.

– Cause.

The defendant’s action or inaction is absolutely the cause of your injury or accident (as opposed to some other cause).

– Damages.

You (the “plaintiff”) experienced harm of some type because of the breach and deserve reparation (damages, usually monetary).

5. There are four types of personal injury lawsuits that are more common.

While there are many different possible scenarios that might quality for filing a personal injury lawsuit, the four most commonly filed such lawsuits include these:

– Vehicle accidents.

– Medical malpractice.

– Premises injuries.

– Product defects.

In each of these and all the other types of personal injury lawsuits, the defendant may be liable because of deliberate, conscious action or inaction or through negligence, which may mean the person didn’t mean to cause the injury or accident but did nonetheless.

A qualified personal injury attorney can walk you through the steps to file a personal injury lawsuit in civil court.