What You Need to Know Before Filing a Personal Injury Lawsuit
Every situation is different, and each case is unique. However, there are common stages in most personal injury lawsuits. When someone suffers an injury due to another party’s negligence, a personal injury lawsuit can be a pathway to receiving compensation for damages. Filing such a lawsuit, however, involves navigating legal intricacies that may impact the likelihood of success.
If you were injured in a car accident, you might consider filing a personal injury claim. Since you may not know what to expect, we’ve outlined some of the common elements of a personal injury case, from the moments immediately following an accident to the complexities of proving liability.
Understanding Personal Injury Lawsuits
Definition of a Personal Injury Lawsuit
A personal injury lawsuit is a civil action initiated by an injured person against the individual or entity responsible for their injuries. The primary goal of such a lawsuit is to secure financial compensation for various damages, including medical expenses, lost wages, and pain and suffering. To succeed in a personal injury lawsuit, the injured person must demonstrate that the defendant is liable for their injuries. This involves proving that the defendant’s actions or negligence directly caused the harm suffered.
Types of Personal Injury Cases
Personal injury cases encompass a wide range of scenarios, each with its unique circumstances. Common types include car accidents, slip and fall incidents, and medical malpractice cases. For instance, if someone is injured in a car accident, they would typically file a personal injury lawsuit against the at-fault driver. Similarly, if an individual is harmed by a defective product, they might pursue a product liability claim against the manufacturer. Each type of personal injury case requires a tailored legal approach to effectively address the specific facts and evidence involved.
What Should Someone Do After They’ve Been in an Accident?
The steps you take immediately after an accident can significantly influence the outcome of a personal injury claim. Here are five essential actions to take—and pitfalls to avoid—after an accident:
Seek Emergency Medical Assistance if Necessary
Safety and health should always come first. Anyone involved in an accident should seek medical treatment, even if injuries don’t appear severe. Some injuries, like internal trauma or soft-tissue damage, may not be immediately apparent. Additionally, a medical evaluation serves as a formal record of the injuries sustained, which can be crucial in supporting a personal injury lawsuit.
Document the Scene with Photos and Videos
Whenever possible, taking photos and videos of the accident scene can provide valuable evidence. Images should include any visible injuries, property damage, and the setting of the accident, such as road conditions or nearby traffic signals. These visual records can serve as compelling evidence in a personal injury lawsuit.
Gather Contact Information of Witnesses
Witnesses can offer objective accounts of the accident. Obtaining the names, phone numbers, and addresses of any eyewitnesses can strengthen the case by providing corroborative statements about what happened.
Avoid Talking to Insurers Without Consulting an Attorney
While insurance adjusters may seem friendly, they work to protect the interests of the insurance company. Avoid providing statements to insurers before consulting an attorney, as anything said could be used to minimize or deny the claim. Legal counsel can guide accident victims on how to communicate with insurers effectively.
Preserve Evidence and Keep All Relevant Records
Keeping all records related to the accident—medical bills, repair costs, police reports, and any correspondence with insurers—helps build a stronger case. Proper documentation can significantly improve the chances of winning a personal injury lawsuit.
How to Determine if There’s an Actionable Personal Injury Claim
Understanding personal injury law is crucial for determining if there’s an actionable personal injury claim. A viable personal injury lawsuit must establish that someone else’s negligence caused the injury.
Here are the essential elements needed to prove liability in a personal injury case:
- Duty of Care: The plaintiff must show that the defendant owed them a duty of care. For instance, drivers have a duty to follow traffic laws and prevent harm to others on the road. In a medical setting, a doctor owes a duty to provide competent care to patients.
- Breach of Duty: The plaintiff must also demonstrate that the defendant breached this duty by failing to act reasonably under the circumstances. This could include actions like running a red light or failing to maintain a safe property.
- Causation: There must be a direct link between the defendant’s breach of duty and the injury. In other words, the plaintiff must show that the defendant’s actions directly caused the harm they suffered.
- Damages: Finally, the plaintiff must have suffered damages as a result of the injury. Damages can include medical bills, lost wages, or emotional distress. Without provable damages, there is no basis for a personal injury lawsuit.
How Much Compensation Can a Plaintiff Expect After an Injury?
The compensation amount in a personal injury lawsuit depends on various factors, including the severity of the injury, its impact on the individual’s life, and the level of negligence involved. Compensation generally falls into two categories:
Economic Damages
These cover the measurable financial losses an individual incurs due to the injury, such as medical bills, lost wages, and property repair costs. For example, if a person incurs $5,000 in medical bills and misses two weeks of work, these losses would be considered economic damages.
Non-Economic Damages
These address less tangible losses, such as pain and suffering, emotional distress, and the loss of enjoyment of life. Non-economic damages vary widely as they reflect personal, subjective experiences and the long-term impact of the injury.
In extreme cases involving gross negligence or intentional harm, courts may also award punitive damages. These are less common and serve to penalize the defendant rather than compensate the plaintiff. Consulting with a personal injury attorney can help plaintiffs understand the potential payout in their case and the likelihood of specific damages.
Tax Implications of Personal Injury Settlements
Understanding the tax implications of personal injury settlements is essential for maximizing your compensation. Generally, the portion of a settlement that covers the treatment of physical injuries is not taxable. However, amounts awarded for property damage, lost wages, or non-economic damages like pain and suffering are typically subject to federal and state taxes. Consulting with a tax professional or an experienced personal injury lawyer can help you navigate these complexities. They can provide valuable advice on how to handle your settlement to ensure compliance with tax laws while maximizing the amount you retain.
Can a Plaintiff Still Receive Compensation if They Were Partially at Fault?
It’s possible for plaintiffs to receive compensation even if they were partially at fault, depending on the fault doctrine in their state. Here are the three main fault doctrines in the United States:
- Pure Comparative Fault: In pure comparative fault states, plaintiffs can recover compensation no matter how much fault they bear. For instance, if a plaintiff is 70% at fault and the court awards $10,000 in damages, they would still receive $3,000 (30% of the award).
- Modified Comparative Fault: Most states use modified comparative fault, allowing plaintiffs to recover damages only if they are less than 50% or 51% at fault (depending on the state). If they’re more than 50% responsible, they typically cannot recover any damages. For example, if a plaintiff is 40% at fault and the award is $20,000, they would receive $12,000.
- Strict Contributory Negligence: In states with strict contributory negligence, plaintiffs cannot recover any compensation if they are even 1% at fault. This makes it more challenging to secure damages in a personal injury lawsuit if any fault lies with the plaintiff.
Knowing the fault doctrine in one’s state is critical, as it directly influences the potential for compensation in a personal injury lawsuit.
How Much Time Does a Plaintiff Have to File a Lawsuit?
The statute of limitations for filing a personal injury lawsuit varies by state and by the type of injury. Generally, individuals have between one to six years from the date of the accident to initiate their claim. Here’s what to keep in mind:
- Standard Deadlines: Most states have a statute of limitations of two to four years for personal injury cases. For instance, in California, plaintiffs have two years from the injury date to file a lawsuit.
- Delayed Discovery Rule: Sometimes, injuries or their causes are not immediately apparent. The “delayed discovery” rule allows individuals to file a lawsuit within a certain timeframe after they discover the injury. For example, if a patient realizes a medical error months later, they may still be eligible to file a claim despite the standard deadline.
- Exceptions for Minors and Mentally Incapacitated Individuals: If the injured person is a minor or mentally incapacitated, the statute of limitations may be extended. For instance, a minor injured in an accident may have until they reach adulthood before the statute of limitations begins.
Understanding these timelines is essential, as missing the statute of limitations can prevent a plaintiff from seeking compensation, regardless of the case’s merit.
What Does It Cost to Hire a Personal Injury Attorney?
Most personal injury attorneys work on a contingency fee basis, meaning they only receive payment if the plaintiff wins the case. Here’s an overview of how this works:
- Contingency Fees: Under this arrangement, attorneys receive a percentage of the total recovery, typically between 25% and 40% (or more). For example, if the plaintiff wins $50,000 and the attorney’s fee is 30%, they would receive $15,000.
- No Upfront Costs: With contingency fees, plaintiffs don’t pay anything upfront. This makes it easier for injured individuals to access legal representation without bearing immediate financial burdens. Contingency fees also align the attorney’s interests with the client’s, as they only get paid if they secure compensation.
- Additional Costs: Some attorneys may charge for case-related expenses, such as filing fees, expert witness fees, and medical record retrieval. It’s essential to clarify these costs with an attorney beforehand.
Hiring an attorney on a contingency fee basis can increase the likelihood of a successful personal injury lawsuit, as experienced attorneys are skilled in navigating complex legal procedures and maximizing compensation.
Contact 1-800-THE-LAW2 for a Free Legal Consultation
If you’ve been injured in an accident, then you could be entitled to compensation under the law. Navigating the dispute process can be confusing, especially for first-time plaintiffs who aren’t sure whether their claims are actionable or how best to approach the dispute strategically. We can help connect you to an experienced personal injury attorney who can guide you along the dispute process.
Contact 1-800-THE-LAW2 for a free consultation with a qualified local accident attorney in our network. During this initial consultation, you’ll be able to discuss your dispute in detail and receive professional legal advice on your strategic options.
We look forward to assisting you.
