Understanding the Most Common Types of Personal Injury Cases

The meaning of personal injury is any physical, mental, or emotional harm suffered by an individual due to the negligent or intentional actions of another party. When someone else’s carelessness, recklessness, or misconduct causes you to sustain an injury, you may have grounds for a personal injury claim or lawsuit to seek compensation for personal injury. The field of law that deals with these situations is known as personal injury law.
Common Types of Personal Injury Cases
There are many different kinds of incidents and accidents that can lead to viable personal injury claims. Some of the most frequent types of personal injury lawsuits include:
- Motor vehicle accidents
- Slip and fall accidents
- Medical malpractice
- Product liability
- Workplace accidents
- Assault and battery
Each personal injury case is unique, but they all involve an injured person seeking monetary damages from the party that caused the harm (the defendant).
Steps in a Personal Injury Lawsuit
If you’ve been injured and are considering taking legal action, it’s helpful to know the steps in a personal injury lawsuit.
- Consult with a personal injury lawyer to review your case
- Your attorney investigates and gathers evidence
- A complaint is filed and the defendant is notified
- The discovery phase – both sides exchange information
- Settlement negotiations (in most cases, the parties settle personal injury claims outside of court)
- Trial (if no settlement is reached, the case proceeds to personal injury court)
- Collection of judgment or appeal
The specific procedures can vary based on the jurisdiction and details of the case. An experienced personal injury attorney can advise on the best approach for your unique situation.
Statute of Limitations
It’s crucial to be aware that personal injury claims have a legal time limit, known as the statute of limitations, to sue within. This is the deadline by which you must file a lawsuit over the incident. Once the statute of limitations expires, you generally lose the right to pursue compensation through the court system.
Statutes of limitations vary by state and type of claim. In New York, for example, the standard deadline for most personal injury lawsuits, such as those involving car accidents or slip and falls, is three years from the date of the injury. However, New York medical malpractice cases must be filed within 2.5 years in most circumstances.
Compensation in Personal Injury Cases
If your personal injury claim is successful, either through a court judgment or settlement, you may be entitled to various types of compensation for personal injury, such as:
- Medical expenses
- Lost income
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Punitive damages (in rare cases involving egregious conduct)
The amount and types of recoverable damages depend on factors like the severity of the injuries, financial losses incurred, jurisdiction, and strength of evidence. Maximizing compensation often requires the skill of a knowledgeable personal injury attorney.
How Long Do Personal Injury Settlements Take?
One of the most common questions personal injury clients ask is how long lawsuit settlements take. Unfortunately, there is no universal answer, as the duration of the process depends on the specifics of the case. Straightforward claims with clear liability and moderate damages may settle relatively quickly, perhaps within a few months.
However, complex cases involving severe injuries, disputed liability, or multiple defendants can take several years to resolve. Factors like the amount of evidence available, the willingness of the other party to settle, and the court’s caseload can all impact the personal injury lawsuit timeline.
FAQs
Q: Is personal injury the same with personal liabilities?
A: While both involve harm, personal injury refers to the victim’s damages, while liability refers to the fault of the party who caused the injury.
Q : Who is the plaintiff in an auto injury case?
A: In a car accident personal injury lawsuit, the plaintiff is the person who was injured due to the negligent or reckless actions of another driver. They are the one bringing the legal claim against the at-fault party (the defendant)
Get Help from a New York Personal Injury Attorney
If you or a loved one has suffered an injury due to another’s negligence, having a dedicated advocate in your corner can make all the difference in your recovery process. Joseph Lichtenstein is one of the premier personal injury attorneys in New York and Pennsylvania, and has been named malpractice attorney of the year in NY for 2019, 2023, and 2024.
Lichtenstein and his team have secured numerous multi-million dollar personal injury verdicts and settlements, providing clients with the resources needed to move forward after a devastating accident. His law firm offers compassionate counsel and aggressive representation for a wide range of personal injury matters, from auto accidents to medical negligence claims.