While personal injury cases are very common, most victims of these injuries barely understand their legal rights and options. Generally, personal injury lawsuits benefit victims financially for injuries and property damage. However, before filing a personal injury lawsuit, you should know what to expect. According to the Michigan Department of Health and Human Services, Michigan had approximately 160,000 hospitalizations for injuries in 2019.

Personal injury lawsuits are civil action suits brought by victims (plaintiffs) against the responsible party (a person or entity). These lawsuits aim to ensure the injured person receives compensation for losses suffered. If you’re residing in Michigan, for instance, and you’ve experienced personal injuries and are thinking of filing a personal injury lawsuit, consult a Michigan injury lawyer to increase your chances of winning the case. Also find out if you can fly with a warrant. 

Filing a Personal Injury Lawsuit

Filing a complaint in court is the first step for filing a personal injury claim. Your complaint should highlight all your allegations and damages being sought. The complaint should also include a summons to the defendant and their right to reply within a given period. Your complaints and summons filed in court should also be served to the defendant.

The defendant or responsible party should file a response to your complaints. They can either deny or accept the allegations. If they deny your allegations, their responses should include possible defenses.

Discovery is the third step in a personal injury lawsuit. Here, the plaintiff and the defendant exchange crucial case documents. You should submit all your evidence, including medical records, witness statements, financial documents, and other evidence to the defendant. Depending on the case’s complexity, this stage can last for months or years.

If you can’t reach an agreement during the discovery phase, you will be invited to a settlement conference, which aims at finding a solution. Some state jurisdictions also suggest arbitration or mediation between parties. If both parties can’t reach an agreement, the case proceeds to trial.

Determining Fault in Personal Injury Cases

The plaintiff must provide sufficient proof that the defendant is responsible for the injuries or property damage sustained to win a personal injury case. While there are many ways of establishing liability, negligence is a preferred method, primarily because most personal injury accidents occur because of one party’s negligent actions.

However, the plaintiff should prove the following elements of negligence to succeed:

  • Duty of care – you should prove the defendant owed a legal duty of care. For instance, vehicle drivers owe other road users a legal duty of care.
  • Breach of duty of care – you should prove the defendant breached the legal duty of care.
  • Causation – there should be a link between the defendant’s negligent actions and the plaintiff’s injuries.
  • Damages – the plaintiff should link actual damages to the incident. Damages include medical care bills, pain and emotional suffering, property damage, and lost income.

Apart from negligence, plaintiffs can prove defendants’ fault in other ways, including establishing intentional conduct, negligence per se, and strict liability.

Determining Settlement in Personal Injury Cases

Victims of personal injury incidents are entitled to compensation for the injuries and losses incurred. Insurance providers of the parties at fault often resolve these cases by giving a settlement offer, which makes it unnecessary for victims to file a personal injury claim. Whether you proceed to court or not, the value of your personal injury claim depends on the following:

  • The severity of the injuries – this is the primary factor that determines the value of your compensation claim. Ideally, victims with severe injuries receive higher settlement offers.
  • Treatment and recovery – victims who undergo extensive post-injury treatments are entitled to more compensation. Long hospitalization, rehabilitation, and physical therapy costs can significantly add up.
  • Life disruptions – serious injuries disrupt the victims’ life significantly. For instance, spinal cord injuries or brain trauma make it impossible for victims to perform daily activities and earn a living. These effects are taken into consideration when evaluating the compensation claim.
  • Certainty of liability – settlements for personal injury claims also revolve around the certainty of liability. Expect a higher settlement if the defendant is 100% to blame for the injuries.

Apart from these factors, a big percentage of your settlement offer is determined by the value of pain, emotional suffering, and mental anguish. Unlike economic damages, such as medical bills and lost wages, there’s no sure way of calculating non-economic damages. As such, attorneys often use a multiplier to determine these values. A personal injury lawyer is needed to help determine the correct settlement value. 

The Bottom Line

It takes a lot to file a personal injury lawsuit. For starters, your injuries and eligibility for compensation depend on the type of accident. If you or your loved one has sustained personal injuries, be it from auto accidents, workplace incidents, medical malpractice, or other types, you should consult a personal injury lawyer for guidance.

This article was provided by Jenny Patel.