Personal Injury Lawsuit FAQ

What evidence do I need before filing a personal injury lawsuit?

Before filing a personal injury lawsuit, you need evidence to prove liability and to prove the extent of your injuries. Evidence used to build a strong personal injury case, include:

  • Photographs of the accident scene
  • Photographs of accident injuries
  • Police reports of the accident and resulting injuries
  • Statements from eye witnesses
  • Medical records
  • Proof of missed work
  • A journal of how you were affected by your injuries

When does a personal injury claim go to court?

A personal injury case goes to court when liability is disputed, or when the defendant fails to offer a reasonable settlement. However, many personal injury cases are settled without going to court.

What is the statute of limitations for a personal injury lawsuit?

The statute of limitations for a personal injury lawsuits ranges from one year to six years, depending on the state.

What type of damages can I receive from a personal injury lawsuit?

The damage awarded in a personal injury lawsuit depends on the type of case, the circumstances of the injured victim and State laws. The types of damages awarded in a personal injury lawsuit include the following:

  1. Special compensatory damages:This is compensation for all expenses incurred or money lost due to the injury. These damages include, loss of earnings, loss of future earnings, medical bills, cost of future medical care, household expenses, and costs associated with cancelled trips or altered plans.
  2. General compensatory damages:This is compensation for non-monetary damages incurred from the injury sustained. Personal injury cases are usually awarded general damages. Most common types of general damages are pain and suffering, mental anguish, loss of consortium and loss of companionship.
  3. Wrongful death damages:This compensation is awarded to the surviving family in a wrongful death case. Wrongful death damages include funeral and burial expenses, cost of pre-death medical care, emotional distress of surviving family members, loss of financial contribution, loss of services and support, and loss of companionship and consortium.
  4. Punitive damages:Punitive damages are awarded for despicable or reprehensible behavior on the part of the defendant. It is awarded when a defendant is found guilty of malicious acts like sexual assault, battery or fraud. Cases involving defective products, health risks linked to prescription drugs, etc. may also incur awards for punitive damages.