If you suffered an injury on someone else’s property or from a defective product, you may be considering a lawsuit. Suing a business for personal injury damages can help you obtain compensation, but it involves complicated legal processes. Getting experienced legal advice is essential to understand your options and build the strongest case possible. This guide covers key issues to weigh if you’re thinking about suing a company for personal injury. 

Deciding Whether to Sue

Suing a business for a personal injury caused by their negligence or products is a big decision. According to national data, the most common personal injury lawsuits filed against businesses are for automobile accidents, medical malpractice, premises liability, and defective products. According to Scott Mansfield, a personal injury attorney at Mansfield Melancon Law Firm, “Before deciding to sue, weigh factors like how serious your injury is, your current and future medical costs, the impact on your ability to work, and the business’s likely liability.” consulting with personal injury lawyers can help establish liability.

Proving Liability

To successfully sue a business for a personal injury in court, you must prove they are legally liable due to negligence or a defective product. Premises liability claims accounted for 11% of personal injury trials involving businesses failing to maintain safe properties. Companies must adhere to safety codes and provide adequate warnings of dangers. Product liability suits over defective or dangerous products were 2% of claims. Businesses are liable if they sell dangerous products they should have known about. 

Seeking Compensation

The goal of a personal injury lawsuit is obtaining compensation from the business for your losses. This includes medical bills, lost wages from missed work, pain and suffering damages, permanent disability or disfigurement, and punitive damages if negligence was egregious. Data shows average payouts were $20,000 for customer slip and falls, $35,000 for product liability claims, and $50,000 for reputational damages. Your lawyer can seek full compensation you deserve.

Filing Your Personal Injury Lawsuit

The process starts by having your attorney send a demand letter detailing your claim and demanding a settlement. If the business refuses, your lawyer will file a complaint in civil court laying out your allegations. The business must respond within a certain time frame, usually 20 or 30 days. Your lawyer will suggest the best legal strategies, conduct discovery, negotiate a settlement if possible, and take it to trial if necessary.

Going to Trial

Only a small percentage of lawsuits go to trial, since many settle beforehand. But trials do happen. According to 2005 data, state courts conducted around 16,400 personal injury trials that year. Auto accidents accounted for nearly 60% of these. Medical malpractice was 15%, premises liability 11%, and product liability 2%. Your lawyer will aggressively argue your case in court and try to maximize your compensation if a trial occurs.

Enforcing the Judgment

If you win your case in court, the judge will award you a judgment stating the compensation the business owes. But collecting the money may take further efforts. Businesses that don’t pay judgments can face additional court orders, asset seizures, or wage garnishments. Your attorney will pursue every legal avenue to make sure you get paid.

Suing a business for a personal injury requires understanding the legal process, proving liability, and aggressively seeking compensation. An experienced personal injury attorney can fully evaluate your case and help you make the best decisions to achieve a successful outcome. If you’ve suffered an injury, consult a trusted lawyer before deciding how to proceed.