If you are injured in an incident caused by someone else’s negligence, you may have grounds to file a personal injury lawsuit. Causes of injury can range from car accidents to dog bites or defective products. Personal injury also refers to medical malpractice, wrongful death and certain diseases often caused by working conditions, such as asbestosis or mesothelioma.

Statute of Limitations

States impose time limits within which you must file your lawsuit. In general, they range from one to four years from the date of injury, although a few states allow as long as six years. Some states also have different time limits based on type of injury. For example, in Georgia and Kansas, the statute of limitations is two years, except for libel/slander, which is one year.

In addition, there may be mitigating factors, such as new evidence of wrongdoing that was not available at the time of injury, which may reset the clock. It’s important to consult a lawyer as soon as you are injured to ensure you understand the laws in your state.

Settlements and Trials

Although you do want to consult a lawyer immediately, you don’t necessarily want to start legal proceedings right away. You need time to be sure you have a complete diagnosis of your injuries and any permanent damage. This information will be important to determining your award.

Often, your personal injury lawyer will ask the other party to settle before filing a lawsuit. If you cannot reach a settlement, and you do file suit, you will need to prove that the other party’s negligence caused your injury. The exact requirements for proof vary by state, but your personal injury lawyer will be able to advise you what pertinent evidence and documentation you will need.

Even if you move forward with a personal injury lawsuit, your case could still get settled before going to trial. Often, as a trial date approaches, the defendant starts thinking more seriously about settling in order to avoid a potentially larger loss.

Depending on the complexity of your case, a trial could last just a few hours, or it could take weeks or even months. The two sides may argue over various documents and evidence. They may call witnesses to your injury as well as multiple expert witnesses to refute or substantiate your claims.

Your Settlement

If you win a settlement, either before or after a trial, you will most likely receive it as a lump sum. On occasion, you may receive a “structured” settlement, in which payments are made over time. Structured settlements are usually awarded only for major injury or other special circumstances where long-term payments would be beneficial.