Personal Injury Lawsuits: The Basics

Personal Injury Lawsuits

Personal injury law enables a person to go to civil court and receive compensation (or be “made whole”) after suffering injuries due to someone else’s negligence. Personal injury lawsuits are legal claims that can recover financial compensation for your injury-related expenses. This post covers some of the basics of personal injury lawsuits.

When you have questions, our knowledgeable staff is available at (877) 284-6600.


What is a personal injury lawsuit?

A personal injury is an injury to one’s body, mind, or emotions—not to one’s property. Personal injury cases arise when one person suffers an injury for which someone else may be legally responsible, typically due to negligence.

Common personal injury accidents include (but aren’t limited to):


What is negligence?

Negligence occurs when one person or entity fails to meet a legal duty of care, causing injury. In a personal injury case, the injured party is the plaintiff, and the negligent party is the defendant.

The plaintiff must prove:

  • The defendant(s) had a duty of care toward the plaintiff.
  • The defendant(s) breached or failed to meet that duty.
  • The defendant(s) breach caused the plaintiff’s injuries, and
  • You, the plaintiff, suffered damages as a result of this breach.

Does a personal injury claim always result in going to court?

No, not necessarily. A  personal injury case starts when a plaintiff files a complaint against another person or entity (i.e., the defendant) claiming they acted carelessly or irresponsibly, which then resulted in injury to you.

Plaintiffs may settle out of court through negotiations, resulting in a written agreement for a monetary payment in exchange for not filing a lawsuit. If no agreement is reached, the case goes to court, but a settlement can be reached anytime before it goes to a jury.


What if the accident involves the death of someone?

Negligence can cause various injuries, from minor cuts to major injuries like broken bones, head trauma, amputations, burns, and emotional trauma. It can also result in wrongful death. If an accident leads to death, we help pursue a wrongful death settlement to support you and your family.


personal injury lawsuits legal claims financial compensation injury related expenses negligenceWho can be held responsible for a personal injury accident?

Determining responsibility can be complex. Other parties might be responsible without your knowledge. Consulting a personal injury attorney can help identify all responsible parties.


Should I consult with a personal injury attorney?

Yes. Consulting with an attorney helps you and him understand your claim.

Most attorneys offer free initial consultations and charge on a contingency fee basis, meaning no legal fee unless there is a monetary recovery.


What should I bring to a consultation?

Of course, this will depend on the type of accident, but bring as much information as you possibly can, such as:

  • Police report
  • Driver’s license
  • Health and/or vehicle insurance cards
  • Correspondence related to the incident
  • Medical bills for treatment resulting from the incident
  • Photographs of the incident
  • Name and address of all medical service providers involved in the accident (this might include ambulance services, emergency room services, doctors, etc.)
  • Names and addresses of those involved in the incident as well as witnesses to it
  • Contact information for insurance companies or insurance adjusters
  • Pay stubs if the incident caused you to miss work

How long will it take to resolve my personal injury case?

Every case is different. Your attorney should be able to give you a general estimate based on how long other similar cases have taken.


NEED LEGAL ASSISTANCE? WE CAN HELP.

CALL NASH & FRANCISKATO FOR A FREE NO-OBLIGATION CASE REVIEW

If you are ready to speak with an attorney, contact the experienced Kansas City personal injury attorneys at Nash & Franciskato at (877) 284-6600. One of our experienced staff will speak with you personally and will provide you with a free, no-obligation review of your case.

START YOUR FREE CASE REVIEW TODAY

JUST WANT TO STAY UP-TO-DATE?
SIGN UP FOR OUR EMAIL NEWSLETTER

If you would like to receive news and blog updates regularly, sign up to receive our email newsletter. Your email address will only be used to send you our newsletter and respond to inquiries.

SIGN UP FOR NEWSLETTER

RESOURCES FOR YOU


Past results afford no guarantee of future results and each case is different and is judged on its own merits. The choice of a lawyer is an important decision and should not be based solely upon advertisements.

Editor’s Note: This post was originally published on December 28, 2016. It was reviewed on October 31, 2023, and again on January 27 2025, and updated for content and accuracy.

Contact Us Today for Help!

  • This field is for validation purposes and should be left unchanged.