Typical Cases

• The most common types of actions that give rise to such lawsuits are vehicular accidents, medical malpractice, slip-and-falls, and manufacturing defects. Other actions that can give rise to a claim are known as intentional torts; these torts include battery, defamation of character and invasion of privacy.
  
  

Chance

• To prevail in a personal injury lawsuit, the plaintiffs must prove that they suffered physical or emotional injuries, and they must also prove that the defendant's conduct caused those injuries. A judge or jury can order the defendant to pay compensatory damages for lost wages, medical expenses and punitive damages to punish the defendant for gross negligence.
  
  

Who Can Bring a Personal Injury Lawsuit

• Typically, personal injury lawsuits are brought by one or more private individuals against another individual, business or--in some cases--a government agency. Relatives of a person who died because of the defendant's conduct may also bring suit on behalf of the decedent's estate.
  
  

Who pays?

• Damages are usually paid by the defendant's insurer. Many states have laws limiting the amount of damages a plaintiff can recover for certain injuries.
  
  

Attorney's fees

• Lawyers representing a personal injury plaintiff are paid only if the plaintiff prevails and the defendant is ordered to pay damages. In most states, lawyers recover approximately one-third of the damages, plus expenses. Many states have laws setting a cap on how much attorneys may recover.
  
  

Settlements

• Because of the high costs associated with litigation, most cases are settled out of court. Frivolous claims without merit will be dismissed by a judge.
  
  

Time Frame

• In most states, a person has two years from the time of the injury to file a personal injury lawsuit.