If you’ve been injured on someone’s property, while grocery shopping, or in a car accident, you may be wondering whether you have grounds for a lawsuit. So, what qualifies as a personal injury lawsuit? In this blog, our attorneys from Max Meyers Law PLLC will explain what a personal injury lawsuit is, how it differs from an insurance claim, and some common types of accidents to help you better understand your position.

Understanding What a Personal Injury Lawsuit Is

A personal injury lawsuit is a civil court proceeding where a plaintiff (the injured party) seeks compensation from the defendant who they claim caused the accident that led to their damages. Personal injury cases may involve various types of accidents, but the one common denominator is negligence. In a personal injury lawsuit, the plaintiff must prove that the liable party acted negligently, directly causing their damages.

Proving negligence requires establishing these four elements:

The liable party owed a legal duty of care.
They breached their duty by acting negligently or failing to act.
This breach directly caused the accident.
The plaintiff suffered injuries or damages as a direct result.

With a formal lawsuit, the plaintiff files a civil complaint against the alleged defendant, which may be a person, a corporation, a business, or a government body. This prompts court sessions, which will aim to find legal fault for the accident. In many cases, though, victims settle prior to formal lawsuit proceedings in court through an insurance claim, mediation, or arbitration.

Insurance Claims vs. Lawsuits

The words “lawsuit,” “claim,” and “settlement” are often used interchangeably, but these are different legal processes. So, what qualifies as a personal injury lawsuit, and how does it differ from negligence claims with insurers?

Plaintiffs typically begin by filing an insurance claim after an accident. They can then negotiate a settlement with the defendant’s insurance company. If the insurance company does not cooperate or fails to provide a fair settlement offer, the plaintiff may choose to file a lawsuit against the defendant.

Lawsuits escalate cases from basic insurance claims to court proceedings. Once a lawsuit is filed, parties may still settle through mediation before stepping into a courtroom, but this depends on various case details.

Common Types of Personal Injury Lawsuits

The answer to “What qualifies as a personal injury lawsuit?” is not as straightforward as it may seem. As explained above, these cases involve negligence and injuries, but they can come in many forms. Here are some examples:

Medical malpractice: Cases arising when a healthcare professional’s negligence causes harm to a patient through misdiagnosis, surgical errors, substandard care, etc.
Premises liability injuries: Lawsuits involving injuries sustained on someone else’s property due to unsafe or poorly maintained conditions, such as slips and falls
Wrongful death cases: Legal actions filed by surviving family members when a person dies because of someone else’s negligent or intentional actions
Product liability incidents: Cases where a person is injured by a defective or dangerous product due to poor design, manufacturing errors, or inadequate warnings
Motor vehicle collisions: Cases resulting from injuries sustained in car, truck, boat, or motorcycle accidents caused by another driver’s negligence
Pedestrian accidents: Lawsuits filed when a pedestrian is struck and injured by a vehicle due to driver inattention, speeding, failure to yield, etc.
Animal attacks: Legal cases involving injuries caused by dog bites or other harmful actions, often due to the owner’s failure to control the animal

Do You Need Help Determining Whether Your Accident Constitutes a Personal Injury Lawsuit?

What qualifies as a personal injury lawsuit? These cases involve injuries directly caused by another party’s negligence. If you’re wondering whether your case constitutes a claim or lawsuit, call Max Meyers Law PLLC today at (425) 559-9453 to discuss the details.

What Qualifies as a Personal Injury Lawsuit?