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Initiating a Personal Injury Lawsuit


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Many personal injury lawsuits are filed each year. These lawsuits are the result of an individual’s alleged negligence causing them to sustain injuries. This negligence can be classified in a variety of ways, such as recklessly causing personal injury or inflicting torture and suffering on another person. In some cases, filing a lawsuit is the only way to receive compensation for injuries sustained by the plaintiff. However, in most personal injury cases, the statute of limitations has yet to expire. While this is true for anyone who wishes to file a personal injury lawsuit, it is particularly true for tort law attorneys. Many frivolous lawsuits are filed by attorneys every day that are barred from bringing claims within a certain time span by the statute of limitations. The statute of limitations differs from state to state, so lawyers must be aware of the time limits in which they have to file an action and make sure they can bring claims in time to meet those requirements.

What Is Personal Injury Law?

Personal injury law refers to a system of laws that are created to compensate those who have been injured. In the United States, the legal system is one that follows the “strict liability” doctrine. Strict liability means that companies and individuals can be held liable for causing harm without having to prove their own negligence through evidence. Personal injury lawyers are trained in the strict liability doctrine and recognize which actions constitute negligence and would result in personal injury litigations. The only way to prove negligence is by a preponderance of the evidence.

How Are Personal Injury Lawsuits Initiated?

Before any personal injury lawsuit can be initiated, a person must know how to properly go about filing a claim. The first thing that must be done is to identify the defendant. There are many different ways in which the defendant can be identified, including but not limited to doing internet research and searching for information on the parties’ or victims’ names or common variations of their names. In some cases, such as if one does not know their exact address or other contact information might be required to obtain identification on the person causing them harm. Law firms will use this information to file a case on the victim’s behalf. Personal injury lawyers are highly trained in litigation and in the gathering of evidence to prove that their client was wrongfully injured.

What Happens At A Personal Injury Trial?

During a trial for a personal injury case, there are two main stages. The first stage of a trial is called an inquest. For an inquest, the attorneys present evidence and testimony from experts as well as witnesses to prove their clients’ damages. The second stage of a trial is the jury trial. It is during the jury trial that the jury decides which party will prevail over the other. Each side of the case presents its evidence, witnesses, experts, and arguments to the jury. Evidence can include anything from personal injury statistics to medical records. At the conclusion of both stages of the trial, a jury will decide which party will prevail. If there are multiple plaintiffs in a personal injury case, then each plaintiff is decided on separately after they have concluded their individual cases with the court.

What Do Personal Injury Attorneys Do?

Paying for the damages caused by negligence is just the beginning a personal injury attorney does. After everything has been settled, and the injury has been compensated for, a personal injury attorney must make sure that the injured party will receive their share of any money from the lawsuit. The attorneys are trained to do this through negotiations and mediation, so they are aware of how much they can negotiate and how high their demands should be. Personal injury lawyers also ensure that they keep their clients updated on all aspects of their cases so that they might prepare themselves well. Some of the most common forms of personal injury lawyers include but are not limited to, medical malpractice and drug or pharmaceutical malpractice.

Personal injury lawsuits are quite complicated and can be so for several reasons. In some cases, personal injury lawsuits require a great deal of expertise in order to determine liability or the cause of an accident. Other times, a personal injury lawsuit might not be easy because there is significant conflict involved regarding the events that led up to the accident. Personal injury law involves different forms of law, such as insurance laws, tort law, and criminal law, among others.


The personal injury law is a system of laws that are created to compensate those who have been injured. Personal injury is one of the most complex and difficult legal fields to master. The strict liability doctrine that we, as American citizens, follow requires us to prove our own negligence. By doing so, we protect ourselves from being held liable for accidents or injuries that occur due to our negligence. Personal injury attorneys are trained in how strict liability works in order for them to properly assist the client in pursuing their claims and winning over their opponents.

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