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What Is A Personal Injury Lawsuit?

by Kim Marks

You may be entitled to compensation for the losses you suffer when a negligent person or business harms you. This covers missed pay, medical costs, and a variety of additional costs.

There are two approaches to this:

  • Make a claim for personal harm.
  • File a personal injury lawsuit.

Usually, you start by filing a claim and then try to negotiate a settlement that satisfies your needs. If this turns out to be unsuccessful, you might go to court and request that a judge resolve your issue.

Personal Injury Cases: The Basics

When you initiate a personal injury claim, you ask for money to compensate for the lost wages or other damages. This claim is typically made against the insurance company of the party at fault. Your lawyer represents you in discussions with the insurance company after you file the claim.

As an alternative, you could bring a civil claim for personal harm. This enables you to demand compensation from the person at fault. The court decides whether you should get a settlement in this case and how much.


Damages in personal injury cases fall into two categories-

Economic damages that have a measurable cost, such as-

  • Medical expenses
  • Lost income
  • Repair bills and more.

Source: florinroebig.com

Non-economic damages which are not measurable, including

  • Pain and suffering
  • Emotional distress
  • Disfigurement and more.


A claim typically involves coverage from an insurance company. Examples include:

  • Vehicle insurance
  • Residence insurance
  • Malpractice or medical insurance
  • Liability insurance for businesses

Three parties are involved in injury claims: the injured party, the claimant, and their insurance company. In many cases, such as car accidents, you file a claim with the at-fault party’s insurance provider before considering filing a lawsuit.

Can I make a personal injury claim myself?

You might want to consider asking yourself the following questions before attempting to file your Personal Injury claim:

  • Do I understand the process, or could I pick it up quickly? Do I have the time or the desire to do it?
  • Do I possess the knowledge and research skills necessary to assess the value of my claims?
  • How will I be able to tell if the offer from the other person’s insurance company is good or bad?
  • What should I do if I reject an offer and the insurance provider won’t make me any better offer again?
  • How do I begin legal action?
  • Do I understand how to correctly read a medical report?
  • What if I settle my claim and then realize that I undervalued it?
  • Do I know what I am eligible to claim and what I am not?


Source: insurancejournal.com

You can file a personal injury lawsuit in civil court if an adjuster rejects your claim or when negotiations end in failure. In such cases, you bring the lawsuit against the corporation or person, not the insurance provider.

Here are a few reasons why you might not be able to come to an agreement –

  • The company denies that the insured party was careless.
  • They disagree with the severity of your wounds.
  • The compensation you demand is rejected by the company.

In most personal injury lawsuits, a written demand for compensation is made first. If the insurance provider denies this demand, it is followed by a lawsuit. But many legal disputes are still resolved outside of court. Finding an experienced lawyer who specializes in personal injury law is your best bet at gaining maximum compensation. The personal injury lawyers at the Nicolet Law Office in Minnesota are experienced professionals in getting the best settlement and are a recommended firm for those in the Midwest.

“Discovery” and the pre-trial

In a stage of the pre-trial process called “discovery,” both sides will make requests for evidence and witness information. Both parties will show up in court in the early stages to tell the judge of the status of the case, to agree (or not agree) to mediation or arbitration, and to schedule a date for the trial. Both parties will start scheduling testimony under oath as the discovery process moves forward, which are question-and-answer sessions conducted under oath.

Trial of a personal injury lawsuit

Finally, the trial will start and run for at least a few days in a normal personal injury case. If the defendant is found responsible for the accident and the plaintiff’s losses, the judge or jury will decide how much the defendant must pay in damages. Following the trial, any side may begin an appeals procedure, which might take several months to several years. A losing defendant will be forced to make the damages determined at trial or on appeal when the appeals procedure has concluded.

Should I accept the first offer of compensation?

Source: shrm.org

Accepting a settlement offer for your lawsuit depends on whether the offer is reasonable or not. It should be rejected if the proposal is not reasonable. If you have a lawyer on your side, you can significantly rely on their expertise.

You must also consider the status of your claim. For example, suppose the medical evidence indicates that it is still too early to estimate how long it will take for your ailment to recover fully. In that case, it is premature to settle if your injury persists. People frequently believe that the initial offer should always be turned down since a better one is just around the corner.

That is true a lot of the time, but not always. Some defendant insurance attorneys like to make their best offer right away. After that, they might make what is known as a Part 36 Offer which is a formal way of either party to a claim making an offer to settle.

Settlement is the second most likely option

Most personal injury claims are resolved without going to trial. The parties may agree to a resolution and discontinue the matter at any stage of the process, even before the complaint is submitted. It may be appropriate to speak with a lawyer about your case (and determine the best course of action) if you’re considering filing a personal injury lawsuit.


Accidents and injuries can still occur no matter how cautiously you are. These are frequently the result of circumstances that are beyond your control, particularly by the ignorance of other people or organizations. A personal Injury lawyer can help you to efficiently obtain legal assistance.