About Personal Injury Lawsuits
A personal-injury lawsuit is a civil action instigated by an individual or group who has suffered mental or bodily harm due to the actions of another party. The goal of personal-injury lawsuits is to extract compensation from the accused party to cover any of the plaintiff's medical expenses and lost wages due to an inability to work, and to assuage emotional damage.
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The definition of what constitutes personal injury in an American court is very broad: Suits have been brought to trial that addressed everything from slipping on ice to contaminated food to spoiled medication to being burned by overly hot food and drinks. Common causes of personal-injury suits include car accidents, verbal or emotional assault, a damaged reputation or destroyed property.
Malpractice
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A particular type of personal-injury suit covers medical malpractice and misdiagnosis. Over the past 15 years, an increasing number of patients have filed claims against doctors, pharmacists and other health practitioners for providing incorrect or ineffective treatment or expired medication. Suits have also been filed when a doctor has misdiagnosed an illness or failed to diagnose a serious condition, such as cancer or HIV.
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Filing a Claim
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After an injury has occurred in which another party may be held accountable for the damage, the plaintiff is responsible for approaching a lawyer to help file a claim. The lawyer notes the details of the accident or incident and reviews any loss that has resulted from it, ranging from monetary losses to more nebulous quantities such as reduced quality of life. Any documentation, evidence and witness testimony to the incident is gathered and presented in civil court.
Settlement
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Often, a personal-injury lawsuit never makes it to trial, but instead is settled outside of court. The plaintiff's lawyer contacts the liable party and suggests a settlement that will be paid outside of trial to compensate for the damages. Settlement is typically beneficial for both parties, because it usually results in more money for the plaintiff and less scandal and attention paid to the liable party. Settlement is also ideal for the lawyers involved, because it allows them to resolve the issue relatively quickly and try more cases.
Ambulance Chasers
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While many personal-injury lawsuits are merited, the field of law has become tainted in the last 20 years due to the prevalence of suits encouraged by lawyers who are interested in making quick money. These lawyers, often referred to as "ambulance chasers," are infamous for making suits out of common, no-fault situations, and running television ads for their services to entice a clientele. Personal-injury lawsuits have also become popular fodder for reality court programs, such as "Judge Judy" and "Judge Joe Brown," further besmirching their reputation.
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