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The Basics of a Personal Injury Lawsuit

If you’ve been injured in any kind of accident where someone else’s negligence or carelessness played a part, it’s possible that you could end up filing a lawsuit in order to get compensation for your medical bills and other losses. In this article, we’ll cover the basics of what to expect in (and from) a personal injury lawsuit.

Personal Injury Claims Versus Personal Injury Lawsuits

One of the first things to keep in mind is that you don’t need to file a personal injury lawsuit in order to recover compensation for your losses after an accident or injury. It’s quite possible — and in most situations, it’s actually more likely — that your injury case will reach an agreed-upon settlement outside of the court system. The vast majority of personal injury claims are resolved via settlement between the at-fault party’s insurance company and the person who was injured. (Learn more about Personal Injury Claims Versus Personal Injury Lawsuits.)

Strict Lawsuit Filing Deadlines Apply

If you can’t reach a fair settlement with the party who caused your injury, and taking your case to court makes sense, you need to pay attention to the statute of limitations for personal injury lawsuits in your state. This is a law that sets a strict deadline — expressed in years — on your right to file a lawsuit against the person or business that caused your injury. Time limits vary among states from one year to six years, and the “clock” starts on the date of the underlying accident.

Many states have set a two-year filing deadline (including California, Georgia, Illinois, and New Jersey) for personal injury lawsuits, while others have passed three-year limits (including Maryland, Massachusetts, Michigan, and New York). Whatever the deadline is in your state, miss it and you’ve almost certainly lost your right to bring your personal injury case to court at all. Learn more: How Long Do I Have to File a Personal Injury Claim?

You Must File and “Serve” the Right Paperwork

In order to bring a lawsuit against someone who injured you, you must file your complaint and summons in the proper branch of state court (usually that means the jurisdiction where the injury occurred, or where the defendant lives or does business.) The summons is a notice for a defendant to appear in court to respond to the complaint, and both documents must be properly “served” on the defendant. Learn more about What Is Included in a Personal Injury Complaint and How and Where Do I File a Personal Injury Lawsuit? See more https://www.lawyers.com/legal-info/personal-injury/personal-injury-basics/the-basics-of-a-personal-injury-lawsuit.html