Elements of a Personal Injury Lawsuit
Personal injury lawsuits are tort action (civil) suits involving alleged harm to a person’s body, mind or emotional well-being. These suits do not cover property damage. Personal injury encompasses dental and medical negligence, manufacturer negligence, auto accidents, home- and work-related accidents, as well as industrial disease cases such as occupational stress, chest diseases and repetitive strain injury cases. The primary elements of an injury suit are proving injury, calculating injury damages and settlement.
Substantiating Your Injury
Proving injury is the most paramount component to a personal injury lawsuit. No proof means no compensation. The plaintiff (injured party) must prove that the individual or company (defendant) caused harm to their person because the defendant breached their duty to use reasonable care. Proof includes, but is not limited to, physical evidence, photos of injuries, eye witness testimony and expert testimony such as physicians, physical therapists and psychologists.
Calculating Injuries
The two categories of damages that the injured party may be compensated for are monetary losses and pain and suffering. Monetary covers loss of earnings capacity (current and future), medical bills, costs and attorney fees. Pain and suffering covers anxiety, emotional distress and depression, loss of companionship and permanent injury. Compensation is determined by adding together medical expenses, general damages and income loss.
Settlement
Prior to filing a lawsuit against the insurance company and the individual defendant, the plaintiff and their representative will attempt to negotiate the compensation settlement as part of the personal injury claim process. Even if there is a lawsuit filed immediately, the court would first require the parties to attempt an out of court agreement. If after all negotiations have been exhausted and an agreement cannot be reached, then the last resort is to go to court.
Court Proceedings
Personal injury lawsuits may be filed at the state or federal level but they are primarily heard in state court. This is a lengthy process that can take anywhere from several months to years. Procedures and filing deadlines vary according to the individual state. Here, the burden of proof rests with the defendant and it is their responsibility to prove that they are not liable for any harm alleged by the plaintiff.