You are an important witness to any personal injury dispute. Accordingly, you should sit down as soon as possible and write down what you remember. Try to be as detailed as possible.If you were injured, then write down what the other person did. For example, did a person run a red light and hit you? Was the floor slippery in a retail store?
Also include information about where you were going, who was with you, etc.
If you are the person being sued, you should also write down your memories. For example, someone might slip and fall in your store. Write down if you put up any cones warning customers of hazards.;
, If the police were called (e.g. to a car crash), get a copy of the police report. It will include important information, including the names of any witnesses.You can obtain a police report by contacting the station where the report was filed. Generally, it will be filed with the department for the city or county where the injury occurred.
You may have to pay a small fee to obtain the report.
 You can strengthen your case by having third parties testify as to what happened. For example, if someone ran a red light and hit you, another driver on the road could have seen the accident. They may also be aware of details that you aren’t aware of.Make sure to get their names and personal contact information. You might need them to testify. However, a year or more could pass before trial, so get their home phone or email address.
Don’t settle for only their work contact information, since people often switch jobs.
Once you hire a lawyer, you can give your lawyer the names of the witnesses. Some witnesses might be uncomfortable talking to you, but you can give their name to your lawyer. Your lawyer can then question the witness to see if they have information that is helpful for your case.
 A personal injury can be caused by wet floors, icy parking lots, or other hazards. You’ll want pictures to show to a jury. Return to the scene of the accident as soon as possible. Take pictures from many different angles. Also take pictures at the same time of day as when you were injured.


If you were injured, ask someone else to return to the scene quickly. Have them take pictures of the scene.
A victim should also take pictures of their injuries—the sooner the better. Don’t wait for injuries to heal.Instead, take vivid photographs of bruises, cuts, and other wounds.
If you are the defendant, you can also use pictures to your advantage. The scene of the incident might show that the plaintiff ignored a warning to slow down, for example.
 People who are victims should keep all medical records and bills. You can be compensated for these expenses. Furthermore, medical records help prove that you suffered a real injury.


Develop a filing system early.For example, you can get a small filing cabinet and create folders for each specialist or doctor you meet with.
Ask someone to help you if you are in a lot of pain.
An injured person should also keep a journal of their injuries. Document daily how the injuries affect your daily life, including your emotions.
 If someone was injured at your home or place of business, call your insurer as soon as possible. Insurance companies place limits on how much time you have to report, so don’t delay.Gather as much information as possible, including the following:


name of the person injured
date and time of the accident
general outline of what happened
witnesses to the incident

, Both the plaintiff and the defendant should have an attorney. Personal injury lawsuits are complicated and may require expert witnesses. It will take you a long time to get up to speed on your own, so hiring a qualified attorney is a great advantage. You can find a personal injury attorney by contacting your local or state bar association and asking for a referral.


If you are the person injured, then your lawyer might represent you on contingency. This means you won’t have to pay attorney’s fees upfront. Instead, the attorney will take a cut of any settlement or court judgment (usually 33-40%).As a defendant, you will have to pay the attorney by the hour. However, your insurance policy might cover the costs. Read your policy and look for a “duty to defend” provision. These provisions typically require the insurer to pay for a lawyer to defend you in the lawsuit. However, it also typically gives the insurer control over the defense, such as which lawyer to hire and whether to settle., A person can sue for personal injury when someone intentionally harms them. However, most personal injury cases are brought for “negligence,” which is the legal term for carelessness. With your lawyer, you’ll analyze what the person bringing the lawsuit (the “plaintiff”) must prove:Duty of care. The defendant must have owed a duty of care to the plaintiff. A duty of care can sometimes be created by contract but is often created by physical proximity: you have a duty not to harm people nearby.
Breach of that duty. The defendant breaks ("breaches") their duty of care when they don’t act with sufficient care.
Causation. The defendant's carelessness must have caused the plaintiff’s injuries. The plaintiff needs to show that “but for” the defendant’s carelessness they wouldn’t have been injured. They also need to show that the defendant could foresee that their conduct could injure someone.
Damages. Damages are injuries you can be compensated for.
 After each side files initial documents in the case, the lawsuit enters discovery.This is your chance to request helpful information and documents from the other side. Your lawyer will come up with a list of documents. Discovery can last a long time but is an important part of building your strongest case.


For example, if you are the defendant, you’ll want a copy of the plaintiff’s full medical records. You might discover that the plaintiff had a pre-existing medical condition that is to blame for their injury.
Defendants will also want to thoroughly analyze any claim for lost wages.
As the plaintiff, you’ll want proof that the defendant knew a hazard was dangerous. For example, you could ask for emails in which the defendant mentions the hazard.
 Your strategy will ultimately depend on the strength of your case. As part of this analysis, your lawyer will look at the following:


The law. To be sued for negligence, you must owe the plaintiff a duty of care to protect against injuries.However, the law might already state you don’t owe the plaintiff a duty. For example, in some states, a landlord doesn’t owe a tenant any duty to clear snow from a driveway unless the lease requires it. Your lawyer will have to research whether the defendant owes the plaintiff a duty.
What happened. Your lawyer will also assess the facts of the case based on the law. If the facts don't prove each element of negligence, then the plaintiff has a weak case.
Other factors. Your lawyer will also analyze how sympathetic you are as a plaintiff or defendant. For example, if you run a big pharmaceutical company, then your lawyer might determine that jurors won’t be sympathetic to you if you are sued.
 Talk with your lawyer and insurer about which one you should seek. There are advantages and disadvantages to both. A lot will depend on the strength of your case. The stronger the case, the less likely you’ll want to settle—though everyone is different.


One advantage of settlement is finality. Once you settle the suit, it ends. As the plaintiff, you are guaranteed a set amount of money. And as the defendant, you know exactly how much you’ll have to pay the plaintiff. Jury verdicts can be much more unpredictable.For this reason, about 95% of all personal injury claims settle.
Settlement can also be faster. A lawsuit can last over a year. If either side appeals, it might take another year to reach a resolution.
However, sometimes it is better to go to trial. For example, the plaintiff’s lawsuit might be frivolous. In that situation, you can win the lawsuit and not pay anything.
 You can also win your case by proving you weren’t sufficiently careless to be held legally responsible for the plaintiff’s injuries. The law will only make you pay money compensation if you were negligent.


For example, you might have been driving carefully down the street when a child ran in front of your car. You were not negligent, nor did you intentionally hit the child. In this situation, you can win your case.
However, if you were texting while driving, then you were negligent. You owed a duty of care to other drivers on the road and you fell short by looking at your phone while driving.
 You can win a personal injury lawsuit by showing that someone else caused the plaintiff’s injury. This is the “causation” element of negligence. A plaintiff must show your negligence in fact caused the injury.As a defendant, you are responsible only for the damage caused by your own actions.


For example, you might be a doctor who missed a diagnosis. However, if the patient’s pre-existing condition caused the injury, then you won’t be responsible.
Often, you need expert witnesses to testify about causation—especially in medical malpractice lawsuits.
 In every state, it matters whether the plaintiff was also negligent. For example, if you both run red lights and hit each other, then the law won’t consider you as responsible because the plaintiff also was negligent.


States consider the plaintiff’s negligence differently, however. In a few states, the plaintiff can’t win the case if they are at all negligent. Even 1% responsibility for the accident is enough.However, in other states, the plaintiff’s negligence won’t prevent a win unless they were more at fault than you were. In these states, a plaintiff can’t win if they were more than 50% responsible for the accident.In still other states, the plaintiff’s negligence will reduce the amount of compensation they get. For example, they might have suffered $100,000 in damages. However, the jury finds they were 75% responsible for the accident. In that case, the plaintiff can only get $25,000.
Talk with your lawyer about how the plaintiff’s negligence will impact the case.
 You might have injured the plaintiff. However, their conduct could have exaggerated the injury. If so, you can reduce the amount of money you might have to pay.Every plaintiff has a duty to “mitigate” their damages by taking steps to avoid further injury.


For example, imagine you hit someone with your car. Their doctor told them to stay in bed for a month. However, if they didn’t follow their doctor’s orders, then you can argue their paralysis was caused by their own conduct.
 After discovery, you can file a “motion for summary judgment.” In this document, you argue that you should win the case without going to trial because the plaintiff can’t win under any set of facts. If you win this motion, then you win the case.For example, return to the case involving a landlord refusing to shovel a driveway. If your state’s law says a landlord has no duty, then the plaintiff can’t get a jury trial.
Often, summary judgment motions require someone to decide who is telling the truth. You probably can’t win a summary judgment motion in this situation because it is for the jury to resolve conflicting factual accounts of what happened.
Typically, your insurer will want to settle if you lose this motion.
 The purpose of suing is to obtain financial compensation for your injuries. Accordingly, you and your lawyer will need to decide how much to seek in your lawsuit. You can receive compensation for your “damages,” which are injuries the law lets you get money for. Discuss the following:Lost wages. You can be compensated for any injury that limits your ability to work. For example, if you are completely disabled, then you can sue for your likely future earnings.
Medical care. You can obtain compensation for past and future medical treatment. Hold onto all bills. If you need continuing care for the rest of your life, your lawyer can estimate the costs.
Pain and suffering. This is a vague category, but it essentially covers the inconvenience and physical pain experienced because of your injury. Some lawyers calculate pain and suffering damages as a multiple of other damages.
Emotional distress. You can be compensated for the emotional shock of an injury, including any resulting fear or sleep disorders.
Loss of consortium. You can be compensated for the loss of partnership with your spouse and/or the loss of a sexual relationship.
 After talking with your lawyer, you might have decided that settling the lawsuit is in your best interest. If so, you’ll need to negotiate effectively. Let your attorney negotiate with the defendant’s attorney and/or insurer.


Discuss how much you want in exchange for settling. For example, you might be suing for $100,000. It’s unlikely a defendant will settle for 100% of what you are asking. Nevertheless, you might be happy accepting $75,000. Your lawyer needs to know what is the absolute minimum you will settle for.
Your lawyer must tell you of any offers to settle.
Remember, it is your decision whether to settle—not your lawyer’s. You should certainly listen to your lawyer’s advice, but ultimately the choice is yours., Settlement talks might fail. If so, you might need to go to trial in order to get any monetary compensation for your injuries. Talk with your lawyer about the trial process and what your role will be.


If you lose at trial, you might be able to appeal. Appeals are reserved usually for situations where the judge made a mistake.
Write down your memories.
Get a copy of the police report.
Talk to witnesses.
Take pictures.
Preserve medical documents.
Talk to your insurer.
Hire a personal injury lawyer.
Analyze the case.
Participate in discovery.
Assess the strength of your case.
Discuss settlement versus a trial.
Disprove negligence.
Prove your actions didn’t cause the injuries.
Show the plaintiff was negligent.
Present evidence the plaintiff aggravated their condition.
Win with a summary judgment motion.
Put a dollar amount on your injuries.
Negotiate a good settlement.
Go to trial, if necessary.
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