How to Sue a Business for Personal Injury
Businesses are the most frequent target of personal injury law suits because their financial resources represent an ability to pay damages. Frequently, this happens in the workplace, where Worker's Compensation laws take precedent. In many other cases, though, individuals are injured through the negligence or some other liability of a business, and their only option is to sue.
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Instructions
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Getting professional legal representation as soon as possible after an injury can sometimes make all the difference in a case. A good lawyer will help you to preserve all your rights and avoid mistakes that could cost you at trial. The trained staff will also manage all the complex paperwork associated with your case and medical treatment.
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Show standing. Except for minors, only the person injured can sue. Family and friends will usually not be able to collect for someone else's injury. An attorney will only accept a case where the injured party wants to go forward with a suit.
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Identify the liable party. Some injuries are considered accidents or happen in states with no-fault laws for traffic injuries. In these cases, suits can be brought against an insurance company if it fails to recognize the extreme nature of the injury, or against the party responsible for maintaining a public space. Slip, trip and fall accidents of this type are a legal specialty requiring significant expertise to be successful, and proving liability is often the most difficult part of a personal injury case.
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Justify damages. Keeping careful records of all medical expenses incurred as a result of an injury is a good foundation for a damages claim. More challenging to prove can be lost pay or wages and personal suffering. Although they make the headlines, huge personal injury judgments are rare, and even when awarded, are often reduced on appeal.
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Try to settle. The more litigating that needs to get done, the more your lawyer makes while you potentially wait with nothing. Ideally, a business will accept liability without going to court and will promise to pay for certain damages. If treatment is ongoing, it might be possible to arrange ongoing settlement payments through your attorney.
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Tips & Warnings
Most personal injury attorneys will work on a contingency basis, if they believe in your case and see a strong potential for a cash settlement or award for damages. Contingency means you don't have to pay the attorney unless you receive money through their services.
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