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Process of Filing a Physical Injury Lawsuit

May 15, 2024 
by LA Injury Group
Process of Filing a Physical Injury Lawsuit

In an ever busy and chaotic surrounding, injuries can be unavoidable. Individuals who have been involved in such will gain some comfort in knowing that they have legal rights and/or options that can help compensate them. It is at this point that individuals will hear of personal accident lawsuits. This type of lawsuit comes with the advantage of providing financial compensation for the losses that may have risen as a result of the incident. Individuals seeking to file a personal injury accident lawsuit must understand what is involved. To navigate this complex process, it is crucial to find a reliable personal injury lawyer who can provide expert guidance and ensure the best possible outcome for your case.

The process below will help you to understand what is involved in filing as well as provide answers to some common questions and concerns from the process. This will ensure that you are better equipped to seek ideal legal counsel that will guarantee a successful and positive outcome. 

Understanding A Physical Injury  Lawsuit 

This lawsuit refers to a civil lawsuit, seeking financial compensation or otherwise for damages causing offense to an individual. The injuries MUST arise from another party’s negligence. To successfully establish and file such a case, it is crucial to demonstrate that those being sued acted negligently. Some common examples of personal accidents may include car accidents, motorcycle accidents, big rig accidents, wrongful death, and pedestrian accidents.

To file for this type of lawsuit  there must be proof indicating that the defendant was liable for the incurred injuries and was at fault for the accident. Filing is normally the first step in beginning the entire process before going to court. 

The process of filing  Physical  Injury   Claims 

The process constitutes a multi-step process. It is therefore beneficial to identify a lawyer/attorney who can negotiate a worthy financial settlement or represent you in court. The filing lawsuit process will include the following steps: 

Consult with a reputable attorney 

Right after an accident, the first thing to consider is to seek legal advice from a professional in the field. While someone may consider representing him/herself, it is recommended that you work with a reputable lawyer to help win the case. This is because he will assist you to claim for what you deserve thus ensuring that no one takes advantage of you.  Also, you will be able to understand the “nitty gritty” of the paperwork required. 

File a police report and Compile facts 

When filing for this type of lawsuit, it is important to compile all facts. While you may have the facts with you, you will need the arm of the law to back them up. At this point, keep in mind that rumors do not count as facts. You will need to put together the data you already have. a police report will include a statement of facts, indicating how the accident occurred and the damages from the accident. Here, you will include the incurred medical bill; any lost wages, as well as all costs that arose from the incident.  

Gather evidence 

Providing evidence in this claim is crucial. It is not enough to prove that you are hurt and that you have injuries but you also need to gather evidence to indicate that your injuries are as a cause of the accused negligence. In addition, the evidence gathered will also help to indicate the due settlement. Therefore, without sufficient evidence, you may end up getting nothing or little from the defendant/accused. An investigation will, therefore, be carried out.  

Evaluate losses 

After obtaining all the necessary evidence, it is important to evaluate all the losses resulting from the accident. This will include the medical bills, emotional distress, and wages lost. It will also look into whether you will need settlement in the future depending on the type of injury. This is important for those who incur injuries that may lead to long-term ailment.  The insurance company will, then, make a decision on how much to pay out, based on the evidence provided. 

File the complaint 

Lastly, if the two parties do not agree and settle out of court, you will be required to report the complaint. You will provide a demand letter indicating all the gathered facts and evidence as well as the damages suffered. In addition, it will make an official request for what would be considered a fair settlement. This document should be clear stating the amount you seek for compensation, explaining why the amount is reasonable. 

Statute of Limitations Legal Considerations 

The “Statute of Limitations” in the legal framework refers to the period that you must file your personal injury claim. In LA, this period goes for two years. In the event harm caused was not discovered as soon as it happened, then it has a one year period from the date in which it was discovered. 

Failing to report the claim within the period, then, you forfeit your right to seek compensation.

Practical advice

It is crucial to file the lawsuit sooner than later. This will help to gather the necessary evidence while it is still raw. The law also provides a timeline to file for a lawsuit which is dependent on the state. According to the statute of limitations, for example, the injured party has a maximum of four years for the compensation claim to be effective.

It is advisable to consult a lawyer in this field rather than defend yourself in such a lawsuit. 

Never try faking injuries or causing self-harm to seek compensation 

How to File a Physical Injury Lawsuit 

In the event that the involved parties do not agree on a settlement out of court, then the next stage would be to file a complaint. The procedure for filing for such a case can be summarized as follows: 

File the complaint 

The first step is to file a complaint with the court by submitting a document that outlines the client’s allegations as well as the desired damages. A second document (summon) will also be provided to notify the accused of the lawsuit. The summon will also indicate the period the accused should respond. 

Serve the defendant 

The complaint and the summons must be served to the defendant. This stage can be accomplished through a process server or involving a third party who stands in as a law representative, such as a sheriff or constable, to deliver the documents. 

Defendant’s response

It is expected that the defendant will file a response in which they may accept or deny the allegations. Alternatively, they can partially accept or deny the allegations. In addition, the response will include defenses intended for use in court during the possible hearing. 

The discovery process  

The term “Discovery” is brought about due to the ideology that the involved parties are expected to exchange documents and/or evidence allowing the other party to “discover” what they know. This stage will include provision of witness statements, financial documents and medical records. The duration of this procedure is dependent on the intensity and complexity of the case. 

Frequently Asked Questions (FAQs) 

Q: What is considered when filing for a physical injury case? 

A: When filing for such a case, an individual must be able to first provide proof of injuries and evidence of neglect from the defendant. Therefore, medical bills, lost wages, pain and suffering, as well as the extent of the harm. 

Q:  When do I need a physical injury  attorney? 

A: As soon as possible after the accident. The sooner you consult an attorney, the better the situation because he or she will be able to gather raw evidence as well as ensure that you will be settled sooner rather than later. Although you are allowed to defend yourself, there are situations that warrant hiring an attorney. This will include: 

  • When the involved insurance company is offering an unfair amount 
  • When you suffer catastrophic injuries 
  • When you lose a loved one in an accident
  • When negotiations do not bear fruit or if they breakdown 
  • If you need help understanding the legal  framework 
  • If you do not know the worth or value of what you have lost as a result of the accident
Q: Does anyone file a claim for bodily injury? 

A: By simply experiencing harm, you do not qualify to file for accident-injury. Those who qualify are persons who have been injured as a result of another party’s negligence. 

Q: How long does it take to complete the filing process? 

 A: An average claim filing process is dependent on the details of the case. With the help of a reputable and qualified attorney, you will be provided with a basic outline of the duration required. Some cases are quick and straight to the point thus taking shorter periods. Other cases are complicated and will take longer to complete. 


Filing for such a case can be overwhelming, especially considering the state of the injured. The procedure can be demanding, therefore, calling the affected party to seek the service of a professional attorney in the field. Depending on the casualty and the intensity and complexity of the accident, the activity can take different duration to complete the filing process. However, with the help of an attorney, you will be able to complete the procedure in due time and receive your compensation worth. 

Citations and Reference 

Chang, Yun-chien and Eisenberg, Theodore and Li, Tsung Hsien and Wells, Martin T. (2017)."Pain and Suffering Damages in Personal Injury

Cases: An Empirical Study," 14 Journal of Empirical Legal Studies 199 Okoli, Chukwuma. (2021). Journal of Personal Injury Law. Journal of Forensic Psychiatry.

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