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.

Dear friends and clients,

In furtherance of our firms culture of commitment to always act with compassion, concern and commitment to our clients, community and colleagues, we have been taking precautions to ensure that we are still fulfilling our ethical and moral obligations while prioritizing health, wellness and safety of all we can. 

As you know, the COVID-19 pandemic has introduced changes to many lives and businesses in our communities, and around the world. We, much like our neighbors and friends, have been taking precautions to ensure that we are still fulfilling our ethical and moral obligation to our clients, while also prioritizing the health, wellness and safety of our employees.

Until further notice, our offices will be closed to the public to encourage social distancing and to help prevent the spread of COVID-19. Our team is still hard at work, many from home, and you may still call, email, live chat or video conference us if you or a loved one is seeking legal assistance. As the first law firm to offer our clients secure online access to their case file more than a decade ago, we have always been believers in using technology to make life easier and information more accessible. In these present times it has been a smooth transition for us to continue to offer our clients the same seamless and thorough service that you deserve and are accustomed to.

This pandemic is unlike anything any of us have faced in our lifetimes, and while we can continue to emotionally support one another through it all, staying home and keeping your distance is vital to the health and wellness of our communities. It does not feel good to break routines, cancel events and retreat from our normal, day-to-day socializing, but let us remember that, in times of strife, prior generations were asked to go to war and we are simply being asked to stay home. Your isolation equals more lives saved, and more time for medical providers to prepare for the treatment of patients battling COVID-19.

When the dust settles, we will join together with a greater appreciation for our lives, local businesses, loved ones and health. Until then, we will continue to offer guidance from a safe distance.

Very truly yours,

Andrew G. Finkelstein and the staff of Jacoby & Meyers, LLP