Personal Injury Compensation Guide

The airwaves are filled with ads from lawyers who promise to "get what you're owed" for a personal injury. The easy part is finding one of these attorneys. The hard part is putting together a case to prove that you've suffered an injury that justifies a court ordering another citizen to compensate you for your loss. Personal injury "torts" are some of the most common---and least understood---types of civil suits.

Finding an Attorney

Like other attorneys, personal injury lawyers may be saints or shysters, so the prospective client should find one he respects and check her references and qualifications through the local or state bar association.

Filing

The civil process begins with a formal complaint to a court that allows the respondent (the person who's being sued) time to offer a solution or refuse to talk before the case goes to court.

Time Frame

Complaints must be filed within a certain period of time, which varies from a few months to years (depending on the state) and, once the process begins, there are statutory deadlines for each subsequent step.

Proof of Injury

The plaintiff (the alleged injured party) must prove that he has actually been injured by bringing witnesses, documentation or other direct evidence of injury.

Proof of Liability

The plaintiff must prove that his injuries are the direct result of actions by the respondent and only the respondent.

Establishing Responsibility

The plaintiff must prove that the injuries caused by the respondent were intentional, and not the result of coincidence or an accident.

Establishing Damages

If the plaintiff proves his case, the court must decide the amount of actual damages for which the respondent is responsible and order payment to the plaintiff.

Resources

• Nolo consumer information
• American Bar Association's guide to personal injury