Personal Injury Lawsuit 101: Everything You Need to Know

Finding yourself on the receiving end of an injury is never an enjoyable prospect, especially if what caused that injury was out of your control. When another person’s negligence leads to an accident that causes an injury on another person, it’s possible that a person injury lawsuit may be justified.

Personal injury lawyers can help a person determine who was at fault in an accident, how much compensation their injury is worth, what sort of reparations their eligible for, and more. Learn the ins and outs of a personal injury lawsuit to discover if your situation is eligible for legal attention.

What is Personal Injury Lawsuit?

Personal injury lawsuits occur when one injured party sues another and claims that the other party was partially or fully responsible for the incident in which the accident occurred. The injured parties goal is to prove that the other party was at least majorly responsible for the incident in order to try and receive financial compensation for their injuries, lost wages, and more.

All personal injury cases rely on two primary issues: damages and liability. Damages refers to the injuries, including their severity, that a person sustained whereas liability refers to who was responsible for those damages. Winning a personal injury lawsuit rests on proving aspects of these two issues.

Common Stages of a Personal Injury Lawsuit

In most cases, there are four main stages to a personal injury lawsuit, with the first stage occurring long before the lawsuit ever takes place:

1.   The Accident

All personal injury lawsuits start in the same way. Some type of accident occurs where one person is injured, whether minor or major, and another person is involved in some way. Common examples include car accidents, slip and fall accidents, medical malpractice, and more.

2.   The Recognition of Fault

Second, the injured party will come to the realization that the other party was seemingly responsible, to some degree, for the injuries that they sustained. It is at this point that the injured party tends to seek out legal assistance for their case.

3.   The Gathering of Information

The third stage of a personal injury lawsuit is the period of time where the injured party and attorney go through the details of the potential case and start to think about evidence. This could include learning more about who was present at the time of the accident or even thinking about potential witnesses who could testify in court.

4.   The Settlement or Trial

Finally, the lawsuit is finalized, and the case is either settled or goes to trial. Most cases will be settled between the two parties, as opposed to actually going to trial. However, if a case does not settle then then the two sides will battle in court with the presentation of evidence and witnesses before a verdict is rendered by a judge or jury. On average, the median settlement amount of the injured party is $31,000, which can be put towards medical expenses or whatever purpose the remediation was issued for.

How Do You Win a Personal Injury Lawsuit?

To win a personal injury lawsuit, the injured party needs to prove four primary factors:

1. Duty of Care: First, the injured party needs to prove that the defending party had a duty to keep the injured party safe. For example, drivers on the road have a duty to keep other drivers safe.
2. Breach of Duty of Care: Second, the injured party must prove that the duty of care was breached by the defending party. Sticking with the auto example, this could be a person running a red light or stop sign knowingly.
3. Causation: Third, the injured party will need to prove that their injuries came from the result of the breach of duty. This could be the car accident occurring because the other person ran a red light while the injured party had the right of way.
4. Damages: Finally, the injured party must prove the injuries they sustained came from the accident, rather than some secondary cause.