Personal Injury Lawsuits
You may have heard about someone being sued over another person's injury and been confused about what circumstances can lead to a personal injury claim. A personal injury lawsuit can arise when a person is injured as a result of another person's actions or inactions.
What qualifies as a personal injury lawsuit?
There are many types of injuries that can fall into the personal injury category. In general, a personal injury claim can be filed in any circumstance where someone is injured as a result of another party's negligence, such as injuries arising from medical malpractice, defective products, assault, and car accidents. A personal injury lawsuit seeks a monetary award for damages resulting from the injury and is handled as a civil matter. However, in certain circumstances the defendant in a personal injury claim may also face criminal charges.
What happens during a personal injury lawsuit?
Each area of personal injury law is different. However, there is a general process that each personal injury lawsuit will follow. The first step is to meet with a lawyer to review your claim. He or she will evaluate your case and determine the best course of action to pursue. Your lawyer will file your claim according to the laws of your state and will work to collect evidence to prove your claim.
To be successful, your claim must prove several items. First, it needs to be proven that the defendant owed you a duty of care and that the duty was breached. After the plaintiff has proven there was a breach in duty they must be able to show evidence of their injury and damages associated with the injury, such as medical expenses, property damage, or lost wages.
Contact an Attorney
It is important to seek the advice of an experienced personal injury attorney as each type of claim is subject to a statute of limitations, which is the amount of time the plaintiff has to file their personal injury lawsuit. Your attorney can help ensure that you meet this timeline and other rules to help you case proceed smoothly.