Bryan Driscoll is a non-practicing lawyer, HR consultant and legal content writer who uniquely blends legal insight and HR expertise. Offering innovative HR solutions and engaging legal content, Bryan's mission is to empower businesses toward growth.
Bryan Driscoll, J.D. Legal Expert Writer and HR ConsultantBryan Driscoll is a non-practicing lawyer, HR consultant and legal content writer who uniquely blends legal insight and HR expertise. Offering innovative HR solutions and engaging legal content, Bryan's mission is to empower businesses toward growth.
Written By Bryan Driscoll, J.D. Legal Expert Writer and HR ConsultantBryan Driscoll is a non-practicing lawyer, HR consultant and legal content writer who uniquely blends legal insight and HR expertise. Offering innovative HR solutions and engaging legal content, Bryan's mission is to empower businesses toward growth.
Bryan Driscoll, J.D. Legal Expert Writer and HR ConsultantBryan Driscoll is a non-practicing lawyer, HR consultant and legal content writer who uniquely blends legal insight and HR expertise. Offering innovative HR solutions and engaging legal content, Bryan's mission is to empower businesses toward growth.
Legal Expert Writer and HR ConsultantAdam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida. After law school, Adam and spent two years clerking for a U.S. District Co.
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida. After law school, Adam and spent two years clerking for a U.S. District Co.
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida. After law school, Adam and spent two years clerking for a U.S. District Co.
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida. After law school, Adam and spent two years clerking for a U.S. District Co.
Updated: Aug 7, 2024, 9:33am
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If you’ve been injured in an accident, you may wonder about your legal rights and options. A personal injury lawsuit can provide financial compensation for the losses you’ve suffered, but it’s important to understand what you’re getting into. This guide will walk you through the basics of personal injury lawsuits, from filing to settlement negotiations, and answer some of your burning questions.
A personal injury lawsuit is a civil action brought by an injured person against the person or entity responsible for their injuries. The purpose of the lawsuit is to recover financial compensation for the losses suffered because of the accident, including medical expenses, lost wages and pain and suffering.
In order to win a personal injury lawsuit, you must be able to prove that the defendant is liable for your injuries. This means showing that they were negligent or otherwise at fault for the accident. Once liability has been established, the court will then determine how much money you may receive in damages, if you don’t settle beforehand.
There are many different types of personal injury lawsuits, but some of the most common include:
The type of personal injury lawsuit you file will depend on the specific facts of your case. For example, if you were injured in a car accident, you would file a personal injury lawsuit against the at-fault driver. If you were injured by a defective product, you may file a product liability claim against the manufacturer.
There are several important steps to take. Above all, you want to make sure that you and others are safe and that injuries are promptly addressed.
In any personal injury lawsuit, the plaintiff must prove that the defendant is liable for their injuries. This means showing that they were negligent or otherwise at fault for the accident. You can establish liability in several ways, but the most common is by proving negligence.
Negligence is failing to exercise reasonable care under the circumstances. In other words, the defendant failed to act as a reasonable person would have in the same situation. To prove negligence, you must show:
The key question in any personal injury case is whether the defendant was negligent. This is often a difficult question to answer and depends on the specific facts of the case. For example, if you were injured in a car accident, was the defendant speeding or driving recklessly? If you were injured by a defective product, was the product defectively designed or manufactured? These are just some questions a court will consider when determining liability.
In some personal injury cases, the defendant may try to argue that another party or event was responsible for the plaintiff’s injuries. This is known as an intervening or superseding cause.
In some personal injury cases, there is more than one defendant. This can happen when two or more people are negligent and their negligence contributes to the plaintiff’s injuries.
Chain reaction car accidents are a common example of this. If Driver B is going too fast and cannot stop in time, hitting Driver A, they are at fault. But if Driver C is also going to fast and plows into Driver B, causing B’s car to hit car A again, causing further injuries to the driver, both Driver B and Driver C might be at fault. In this situation, a percent of fault is assigned to all the negligent parties.
Under respondeat superior, an employer can be held liable for the negligence of their employees if that negligence occurred while the employee was working within the scope of their employment. For example, if you were injured in a car accident caused by a delivery driver who was making deliveries for their employer at the time of the accident, you could sue both the driver and their employer.
However, there are some exceptions to respondeat superior. An employer will not be held liable if the employee was not acting within the scope of their employment at the time of the accident. For example, if a delivery driver caused a car accident while they were off duty, the employer would not be liable for the accident, even if the driver was in a company vehicle.
There are two approaches to a situation when a plaintiff bears some of the fault for an accident. Each state has its own laws about this.
The last clear chance doctrine is an exception to contributory negligence. It says that even if the plaintiff is partially at fault for their own injuries, they can still recover damages if the defendant had the last clear chance to avoid the accident and failed to do so.
For example, if you are hit by a car while walking across the street, but the court finds that you are 50 percent responsible for the accident, you can still recover damages from the driver if they had the last clear chance to avoid the accident by slamming on the brakes or swerving out of your way but failed to do so.
A statute of limitations is a law that says how long you have to file a personal injury lawsuit after an accident. The time limit usually starts from the day of the accident. For example, you might have two years to file a personal injury lawsuit if you were injured in a car accident. In other types of injuries, the clock might start running when you realize you were hurt or should have realized you were hurt, such as if you were injured by a drug you were taking.
Personal injury lawsuits are governed by several laws including statutes of limitations and state negligence laws. Beyond that, however, most personal injury law actually comes from prior cases. This is because most jurisdictions follow common law derived from cases, not statutes.
Every personal injury case follows the same process, though at any stage, even before filing a complaint, the two sides can agree to a settlement.
If both sides cannot settle during discovery, they will then attend settlement conferences where they attempt to come to an agreement. Some jurisdictions may also require mediation or arbitration. If these conferences fail, the case will then go to trial.
The vast majority of personal injury cases settle out of court. These settlements often occur with the negligent party’s insurance company taking the lead—they’re the one footing the bill in most cases, anyway.
When you sue someone, it’s unlikely that any compensation you get will come directly from them. Whether you were injured in a car accident or a costly medical malpractice issue, the insurance company covering the at-fault party is most likely the one you’ll receive a settlement from.
An attorney is not always necessary in a personal injury case. If the accident was relatively minor and your injuries required little medical care, you may not need to hire an attorney. In minor accidents, insurance companies can be quick to offer a fair settlement to cover your expenses—just make sure all your expenses are covered.
However, if the accident was more serious or you are unsure of what to do, it is always best to consult with an attorney who specializes in personal injury law. An experienced personal injury lawyer will know the ins and outs of the legal system and can help you file a lawsuit, negotiate a settlement and represent you in court if needed.
There’s a joke that most law school students hear early on: the answer to every legal question is “it depends.” When it comes to figuring out the value of a personal injury lawsuit, unfortunately, the old law school joke holds true.
Every personal injury lawsuit has different factors which make it nearly impossible to determine with any precision how much a specific personal injury settlement will be worth. Because settlement amounts can vary based on every factor involved in a case, it can be difficult to predict a case’s value.
A study by the Bureau of Justice Statistics in 2005 found that:
Keep in mind, however, that this study was from nearly 20 years ago. The study also found that the average success rate for plaintiffs was only about 50%, making it entirely possible that a plaintiff wouldn’t get any settlement or other payment at all.
There are different types of damages that courts and juries consider in personal injury cases.
Pain and suffering is one of the most common types of noneconomic damages personal injury victims seek. It’s the physical and emotional anguish you experience because of your injuries. This can include physical pain, mental suffering, disability, disfigurement and more.
These damages are difficult to determine because there’s no inherent dollar value associated with them. But they can often provide injured people with substantial financial recovery to help them get through a traumatic injury and recovery process. An attorney can provide an estimate of what you could expect to recover based on similar cases.
Factors that contribute to a settlement figure include:
When trying to find a personal injury lawyer, start by asking family and friends for referrals. If people you know have experience with a personal injury attorney, they can give you an honest review. Your state or local bar association most likely has a referral program. You can also look online for personal injury attorneys in your area. Once you have a few potential attorneys, schedule consultations with them to discuss your case. Most personal injury attorneys offer free consultations so that you can get to know them and they can give you an idea of what’s next for your case.
If the answer to the first question is that it’s completely clear who’s at fault, the case typically won’t take long. Some cases can reach a settlement in just a matter of days or weeks when one side is clearly responsible for the other’s injuries. This is especially true if the amount being sought is relatively low.
When there’s some debate about who’s at fault, however, all sides can be reluctant to settle. This can be especially true in cases where the amount of damages is high (especially higher than the defendant’s insurance). Especially complex cases can take years to resolve, which means, unfortunately, that there’s no way to estimate how long a personal injury lawsuit might take.
Generally, personal injury settlements and verdicts are taxable except for the portion of the award that covers the treatment of physical injury. The portion of a settlement that pays for property damage, lost wages or noneconomic damages is fully taxable federally and in most states.
Personal injury settlement amounts are impossible to predict since the injuries that can lead to lawsuits vary so widely. That said, a study by the Bureau of Justice Statistics found that the median personal injury award in 2005 was $31,000.
If you are sued for causing someone else’s injury, you should first contact any insurance provider who may be required to aid in your defense. Typically, insurance contracts require the company to provide legal representation to customers who face legal action for insured activities. If there is no insurance entity to reach out to, you should consider contacting an experienced personal injury defense attorney. Some plaintiff’s attorneys also practice personal injury defense.
