How to File a Personal Injury Lawsuit

Personal injury covers physical injuries to both body and mind. A skilled lawyer can help you compile all economic and non-economic losses to present a claim that is within state filing regulations.

Legal considerations to take into account are negligence, causation and damages; you also should be mindful of statutes of limitation.

Negligence

People frequently use the term negligence, but it has a specific meaning in civil law. Negligence refers to an individual failing to act with care comparable to what an ordinary, reasonable person would. This concept lies at the core of most personal injury lawsuits and plays an essential part in recovering damages for victims.

To establish negligence, victims must provide evidence of several elements. Causation is of primary importance: you must demonstrate that the negligent act or omission directly led to your injuries. Proving this link between events (like someone running a red light and you being involved in an intersection collision) and injuries is often difficult; intervening causes could potentially break this connection but rarely occur; for more information regarding this complex concept please read FindLaw’s exhaustive negligence section.

Statute of Limitations

The statute of limitations is a legal deadline which determines how long you have to file a personal injury lawsuit in each state and case type. While this date varies by state and type of injury claim, most injuries typically have three year window during which to file suit to recover damages from their victims. Although many injury claims can be settled outside court without going through legal action, it’s wise to leave yourself enough time should one become necessary.

If the statute of limitations for filing a lawsuit has passed, your case will likely be dismissed and there won’t be another chance to seek compensation for your injuries. There may be exceptions when it comes to lawsuits against government entities (like New York) or certain types of intentional torts such as assault and battery; usually in such instances the limitations clock is suspended temporarily or reduced significantly.

Damages

Personal injury cases involve both actual expenses and compensation for pain and suffering. Special damages, which are easy to calculate, typically cover expenses related to repairing or replacing damaged property, lost wages from time off work due to an injury, as well as future lost earnings potential should the accident prevent progression in a career or cause change of direction in terms of work paths taken.

Noneconomic damages are more difficult to assess accurately. Pain and suffering damages provide compensation for physical pain and emotional distress caused by injuries. They may also account for disfigurement and loss of enjoyment in life–which measures how your injuries have reduced participation in activities like sports, hobbies or socializing with friends.

Punitive damages may not always be available in personal injury cases, but when specific criteria have been met by the defendant they can be awarded. Their purpose is both to punish them and deter others from engaging in reckless behaviour.

Insurance

Insurance policies are intended to compensate for property damage and bodily injuries resulting from an accident, as well as emotional distress or other personal losses that often accompany negligent or reckless acts.

For example, if you were to run a red light and side-swipe another driver, PIP coverage would cover their medical expenses up to your policy limits before liability coverage took over for injuries sustained from this collision.

PIP coverage provides income replacement when you or your passengers are unable to work following an accident, including essential services like child care or house cleaning costs, or funeral costs. MedPay coverage (similarly) doesn’t typically cover lost wages or financial benefits associated with funeral costs or services that you cannot perform due to an accident; these definitions should only be taken as informational aids and do not alter or change any terms, conditions, exclusions or limitations contained within an individual insurance contract or declaration page.