The steps required to file a personal injury lawsuit often seem overwhelming to the average person. This is one of the reasons why many people choose not to seek justice for their injuries. This is unfortunate because when cases are not brought to the justice of the law, guilty parties may continue to act in unsafe or negligent ways that can endanger others.
If you have been injured and you believe your injuries were caused by someone else, it is important that you seek out a knowledgeable attorney who can help you navigate the often confusing steps of a personal injury case. It is also important that you begin educating yourself concerning this type of legal action as well.
This guide is a good starting place for people who have questions about personal injury lawsuits. Here you will find valuable information and answers to many of your questions. Remember, the best way to get all of the information you need will be to discuss your accident and injuries with a personal injury lawyer.
Personal Injuries
One of the first things you need to understand is what constitutes a personal injury in the first place. The legal definition of personal injury would be an injury you sustain to your body, mind, emotions, or reputation. This is an injury against your person rather than your property. This is not a type of lawsuit you could pursue if injuries happened to someone else. This has to do with your own person.
To determine if an injury is eligible for a lawsuit, there are often three types of criteria that will be examined. The examination of these criteria is often done during an initial consultation with a personal injury lawyer. This professional can examine these factors and tell you for sure whether or not you have a viable case. Let’s look at these factors in more detail.
Liability- Liability is a legal term used to determine if someone had a responsibility to you to prevent the injuries from happening. For instance, if you were injured in a store because a faulty light fell on you, it is very easy to establish that the business owner is liable because they have a responsibility to keep the property safe for customers. Allowing a faulty light to go unrepaired puts customers in danger. They are liable.
Fault- Fault is closely related to liability but slightly different. Whereas liability tells us that someone had a responsibility, fault tells us that the liable person was not upholding their responsibility. The light went unrepaired. It was their fault that you were injured by the light.
Damages- Damages are another important factor in determining if you have a viable personal injury case. Damages would be the economic impact the injury has had on you. If you were injured, then you will have to seek medical attention which has to be paid for either out of pocket or through your insurance company. If your injuries required you to miss work, then you lost the income you would have earned on the days you were out.
The economic impact your injury has had on your life is called damages and you can then sue the liable party for that amount.
A personal injury attorney can help you examine all of this information to determine if you do indeed have a personal injury case. If there was a liable party, if that party was at fault, and your injuries resulted in damages, you have a viable personal injury case.
Common Types of Personal Injury Accidents
Although pretty much any type of injury could be classified as a personal injury, there are several that are common in lawsuits.
Auto Accidents- Although auto accidents happen all the time, some auto accidents happen directly because of the fault and negligence of another driver. For instance, if an accident is caused by a drunk driver. The other party could be held liable for your injuries.
Commercial Truck Accidents- Commercial truck drivers and the companies that employ them have a substantial amount of liability when it comes to how those drivers perform on the road. If the drivers are not properly trained, are driving under the influence, are driving distracted, or are driving sleepy, the driver and the company could be at fault for your injuries if you had an accident involving a big truck.
Premises Accidents- A premises accident is an accident that happened on someone else’s private property. This could include swimming pool accidents, trampoline accidents, or other types of accidents in which the property owner was not ensuring the safety of those on their property.
Malpractice Injuries- If your injuries were the result of medical malpractice or negligence, the offending party should be held accountable for their actions. These types of personal injuries are extremely important to pursue in a lawsuit because if the offending parties are not held accountable they will hurt others as well.
Product/Service Injury- If you were injured by using a product or a service that was unsafe or faulty, you may be able to pursue a personal injury lawsuit. The manufacturers and service providers in businesses have a responsibility to ensure that every product and every service they put out to the public is 100% safe and will not cause injury.
Work Place Injury- Accidents and injuries that take place at work are not always grounds for a lawsuit, but in some cases, they are. If your employer has failed to provide a safe work environment that is in compliance with state and federal safety regulations, you may be able to file a lawsuit for your injuries. If your employer did not properly train you for certain tasks and then you were injured while performing those tasks, you should talk with a lawyer to see if your employer is at fault.
Nursing Home Injuries- Because nursing home residents are very vulnerable, the staff of these facilities have a huge responsibility to make sure residents are safe and well cared for. Many nursing home residents cannot advocate for themselves and so there is an increased burden on the staff to ensure no harm is done. If you or a loved one was injured at a nursing home, it is imperative that the situation be further investigated so that more harm is not done to more residents.
Police Violence/Misconduct/Injury- If you were injured at the hands of law enforcement officers, you should speak with an attorney as quickly as possible. Police violence and misconduct have been becoming more of a problem in recent years. When law enforcement officers are held responsible for their actions, it can help to fix this problem.
Medication or Medical Device Injury- If you were injured because of medication or a medical device, a personal injury attorney would want to speak with you about your experience. These types of cases can often be very important to enacting changes that will protect many people in the future.
Types of Personal Injuries
In the event of one of these accidents, there are different types of injuries that might be sustained.
- Burns
- Broken bones
- Amputations
- Paralysis
- Spinal injuries
- Scaring
- Disfigurement
- Brain injuries
- Death
- Others
Any of these types of injuries will inevitably create medical costs. These costs are either paid out of your pocket or out of the insurance policies that you hold. The reason it is important to seek damages against those who are at fault for your injuries is that it is not fair or just for you to be financially affected because of their actions or negligence. A personal injury attorney can help you better understand how much your injuries are worth in damages.
Types of Expenses You May Incur
One of the most important steps in a personal injury lawsuit is determining what types of expenses were a direct result of your injury. Let’s look at some common types of expenses that you might pay.
Medical Expenses- The most common type of expense following an injury is medical expenses. You will most likely undergo medical treatment immediately following your accident. Your initial medical expenses are not the only expenses you can claim in a personal injury lawsuit. If you have ongoing medical expenses in the future, these can also be estimated and calculated as part of your total damages.
Home Care Expenses- If it was necessary that you have home care following your injury, this expense and future expenses can be counted as well.
Retrofit Modifications- If your injuries were so severe that you will need modifications made to your home or vehicle, you can also calculate these costs into your total damages.
Lost Wages- Most injuries will require you to take time off of work to recover. This time off work could result in lost wages. Lost wages must definitely be calculated into your damages. If your injuries are going to affect your ability to work in the future, you should also calculate future lost wages as well.
Quality of Life/ Emotional Distress/ Pain and Suffering
In addition to the expenses listed above, there are also ways your personal injury attorney can help you to calculate the value of changes that will be made to your quality of life, the emotional distress you endured, and the pain and suffering that your injury has caused you.
Property Damage- If your property was damaged during your accident, such as a car damaged in a wreck, you can also calculate this as well.
Although these factors are sometimes more tricky to determine, a knowledgeable personal injury lawyer can help you figure this out.
Before You File
Although consulting with an attorney is a wise choice, there are a few important details you should consider before you file your claim.
You are not the bad guy. Do not be scared to file a lawsuit or avoid telling the entire truth. You will not get in trouble if you were the victim that was injured. This type of lawsuit was created to help you not hurt you further.
Don’t waste time. It is very important that you do not waste time filing your claim. If you wait too long, important evidence could be lost, or a statute of limitations could expire on your particular type of injury.
You will probably collect more in damages if you work with an attorney. Because the attorney will have a world of legal knowledge available to help you, they can be sure you get every cent you deserve following your accident.
Do not agree to the insurance company’s first offer. Most likely the insurance company will make you an offer early on. It is important that you do not accept this offer. The first offer is rarely ever the best offer. Do not sign anything or agree to anything without talking with an attorney.
Keep collecting evidence- As new evidence pops up be sure to keep good records. All the evidence can help in your case.
Steps to Filing Your Claim
Once you have received medical treatment for your injuries, you should begin focusing on the legal actions you need to take. Let’s look at the steps you should take one by one.
Call an attorney- This should be your first step. A personal injury attorney is the only professional who will be able to give you all of the exhaustive information you will need to ensure you get a fair lawsuit. Your lawyer knows how to file important documents with the court and how to prove the facts that you will need to make your case strong.
Set a Claim- During this step you or your attorney will take the necessary measures to inform the other parties of your intentions. During this step, your attorney may present the other party with facts that back up your claim. The hope is that the other party or their insurance company will opt to settle the matter out of court. This is less expensive for everyone involved.
Collect and Organize Evidence- If more evidence is needed, you will help your attorney to collect and organize the needed evidence. Remember, evidence is how you prove the claims you are making against the other party.
The types of information you would want to collect during this step can include:
- Medical records
- Medical expense records
- Records of property damage
- Records of lost income
- Medical documentation of future treatments needed
- Medical documentation of how the injury will affect the ability to work in the future
- Medical documentation of how the injury will affect the quality of life
- Documentation of any mental health services you need as a result of the injury
Negotiate- Many people want to be able to skip this step in the personal injury case, but it is crucial to ensure that you get your just settlement. The first offer that the insurance company will make to you is often to their benefit, not to yours. Your lawyer will then begin negotiations with the insurance company to come to a settlement that is just and equitable. Even if you feel intimidated by this part of the process, trust your lawyer to handle this in a professional and effective way.
The negotiation process is also a good way to avoid taking your case all the way to court. Everyone involved wants to settle out of court. If this can be accomplished during the negotiation, all the better.
Settlements are Made Or a Law Suit Is Filed
If the negotiations are effective, a settlement will be agreed on out of court. This is a good thing as it will save everyone time, money, and stress.
If the negotiations do not produce a just settlement, then a lawsuit will need to be filed. This is when the help of an attorney becomes truly valuable. There are many legal processes and procedures that must be followed very carefully during the filing of a lawsuit. Navigating this alone as an average person can be difficult to almost impossible. Your personal injury attorney does this every day, though. They know exactly how to move your case along quickly and continue to fight for you to get you a just settlement.
Steps to Filing A Lawsuit
It is very important to remember that there are limitations on how much time you have to file a lawsuit. These limitations will vary from state to state. Your lawyer will be able to advise you on what will be the most effective timeline for completing the steps listed below.
File documents with the court- To get your lawsuit started, the lawyer will file the necessary documents with the court. These documents must be filed in a very particular order and in a very particular timeframe. Failing to follow the procedures exactly could result in a lot of lost time.
Exchange of information- After the lawsuit is filed, the litigation has officially started. During this period, both parties are required to share certain information with one another. This is another step in the process that must be done precisely or it could slow down your settlement or even result in further litigation.
Deposition- During your litigation, you may be required to give a deposition. This is a legal term that refers to you providing testimony under oath concerning your injuries. Depositions will be recorded by the court and can be used later in the trial.
Trial- The trial portion of the lawsuit is when evidence and depositions are presented to the court. A judge or jury will hear the information and will then decide how useful the evidence is and if any of the facts presented need further proof or clarification.
Judgment- When the trial is over, the judge or jury (depending on what type of trial it is) will make a judgment. This judgment will determine first if you should be awarded any type of reparation and if you are how much that amount should be.
Other Considerations
A lawsuit can be an intimidating thing. Many people are discouraged from even pursuing a lawsuit even when it is very obvious that their injuries were the result of another person’s wrongdoing or negligence. When this happens, those who should be held responsible are not. They are left unaccountable. This means that they can continue to hurt others and cause more injuries.
Even though you might feel overwhelmed or intimidated by the thought of pursuing a personal injury claim, remember, that you are doing this so that wrongdoers are held accountable and cannot cause injury to others in the future.
You should also remember, that many personal injury claims never reach the lawsuit stage. Most parties and insurance companies really do want to settle out of court. They are willing to work with your attorney and negotiate a settlement.
Another important factor to remember is that a personal injury case can be a stressful event. It is imperative that you protect your mental health during this time. You will already be dealing with the trauma of your accident. With the added stress of your personal injury claim, your mental health will need to be a top priority.
You can protect your mental health by seeking out counseling or therapy during this time. You will also want to find ways to reduce other stressors in your life as well. If you find it necessary to pay for mental health services during this time, be sure to keep track of those expenses as they may play a part in your total damages.
Bottom Line on Process of Personal Injury Case
There are a lot of factors that go into a successful personal injury case. Even if these steps seem confusing or overwhelming now, remember a personal injury firm in Michigan can help you navigate all of the steps and information you need to ensure you have what you need for a strong case.
Attempting to proceed with a personal injury case alone could cost you a lot of time and money. You may not get the full settlement you deserve and the stress of figuring this out alone could be difficult. Let a personal injury lawyer help.