Personal Injury Lawsuits

What Is a Civil Lawsuit?

Learn the basics of how civil lawsuits work, including how civil court differs from criminal court.

Steps in a Personal Injury Lawsuit

Here's how a typical personal injury case progresses once the court is involved.

What are Mediation and Arbitration?

Mediation and arbitration both have their advantages and disadvantages. Here are the basics.

What Should Be in Your Lawyers' Fee Agreement

If you're hiring a lawyer, make sure you have a clear, written fee agreement that spells out the cost of legal representation, related expenses, and the work to be done.

When To Sue For an Injury

Here's what to consider before filing a lawsuit or insurance claim when you've been injured in an accident.

Advantages of Settling a Personal Injury Case

Most personal injury cases settle out of court, and for good reason. Settlement is faster, less expensive, and less risky.

Pros & Cons of Filing a Personal Injury Lawsuit

Pursuing a lawsuit and trial after a car accident or other type of injury case may be an option if settlement negotiation isn't working, but there are risks.

The Cost of Taking Your Personal Injury Case to Court

When settlement negotiations fail and a personal injury lawsuit is taken to court, both sides will spend a lot more money.

The Complaint In a Personal Injury Lawsuit

When it's filed in court, the "complaint" is the document that starts a personal injury lawsuit.

What Are Interrogatories In a Personal Injury Case?

As part of the "discovery" process in a personal injury case, the two sides typically exchange written questions and answers.

The Deposition in a Personal Injury Case

During a personal injury deposition, the plaintiff or another witness testifies under oath as part of the "discovery" process.

The Burden of Proof in a Personal Injury Case

What is "by a preponderance of the evidence" and how do you establish it? Learn about the burden of proof requirement in a personal injury lawsuit.

How the Jury "Calculates" Your Personal Injury Award

If your personal injury lawsuit doesn't get settled and makes it through a trial, it's up to the jury to determine how much you should get paid. Here's how it works.

How a Class Action Lawsuit Works

In a class action lawsuit, people who've suffered a similar loss or injury bring a single collective case against the responsible party.

Should You File a Personal Injury Lawsuit Against Someone With No Insurance?

If the party responsible for your injury doesn't have adequate insurance or "deep pockets", filing a lawsuit may be a fruitless effort.

Can You File a Personal Injury Lawsuit After the Statute of Limitations Has Run?

The statute of limitations is a claim killer, but the discovery rule and tolling rules might keep your claim alive.

The "Empty Chair" Defense To a Personal Injury Lawsuit

The "empty chair" defense is a tactic where the defendant in a personal injury claim will try to shift fault for the injury to an "absent" third party.