Information on Personal Injury Law - Know the Basics

Personal injury law protects you if something someone does or fails to do harms you or your property. If you succeed in your personal injury claim the person responsible for the damage compensates you. Personal injury law is also called tort law.

Every tort claim must address two basic issues--liability and damages. The judge or jury must ask: Is the person liable for the injury or damage you sustained, and if so, what is the extent of the damage? Negligence is the basis for liability in most personal injury lawsuits. If a person caused damage but didn’t intend to, that’s negligence.

If you file a personal injury lawsuit, you become the plaintiff in the case and the person who harmed you becomes the defendant. Your personal injury lawyer and the defendant’s lawyer collect facts and information through a process called discovery. Lawyers settle many personal injury lawsuits after discovery without a trial; only a small percentage go to trial. Settling means that you agree to accept compensation in return for dropping the charges against the defendant. If you accept a settlement you may have the choice of taking a lump sum payment or getting your money over time in what is called a structured settlement. Your lawyer can advise you on the pros and cons of settling in your specific situation, but the decision to settle or not is up to you.

If your lawsuit goes to trial, a judge or jury will consider what an ordinary or reasonable person would have done in a similar situation. For example, if a car accident was caused because a driver failed to stop at a stop sign and hit your car, he or she will probably be held liable for the accident because a reasonable person would have stopped at the sign. If you win, the judge or jury will award you damages for the harm the defendant caused. Damages may cover medical bills, lost wages, future wage losses, and physical disability or disfigurement.