Who Can File a Personal Injury Lawsuit?

If you have been injured because of someone else’s actions or negligence – because of an automobile accident, unsafe premises, defective product, medical malpractice, or another cause – you may be able to file a lawsuit to obtain damages for your injuries. The guidelines on this page are intended to give an idea as to whether or not you have a personal injury case; contacting an experienced personal injury lawyer is the best way to find out if your particular circumstances warrant legal action.

Requirements for Filing a Lawsuit

There are several minimum requirements that an injured person must meet to file a personal injury lawsuit. These include:

• The plaintiff must file the personal injury lawsuit within your state’s statute of limitations.
• The claim must be valid and able to be settled through the legal process. That is, the grievance must be reasonable, and the plaintiff must prove that:
  • He or she has been injured. This can be a physical or emotional injury.
  • Someone else (the defendant) caused, and is at fault for, the injury (fully or partially, depending on your state’s liability laws). This can be because of the defendant’s negligence or because of an intentional or unintentional action.
  • He or she suffered a monetary loss because of the injury.

Other Considerations

If you are considering filing a personal injury lawsuit, consider first whether your chance of winning is worth the cost. Not every injury constitutes a personal injury case, and not every personal injury lawsuit results in damages. It may take years to come to a settlement, during which time you may lose wages while having to pay attorney fees and court expenses.

Contact a Personal Injury Attorney

Although personal injury victims are entitled to compensation for their injuries, there are requirements that must be met before a lawsuit is filed. Locate a skilled attorney to receive guidance as to whether or not you have a case.