Personal InjuryWhat is a Personal Injury Lawsuit?

Personal Injury Lawsuit – All of your Legal Questions Answered

At TorHoerman Law, personal injury is a large focus of our practice. Whether you have been hurt on the job, in an accident, by a drug or medical device you used, or from some other type of negligence you can count on a TorHoerman Law personal injury lawyer to provide exceptional legal services for you throughout your personal injury lawsuit.


What Does Personal Injury Mean?

Any injury, damage, or loss of the body, mind, or emotional well-being is considered a personal injury. These losses are known as an individual’s damages. While personal injuries do not include damages or loss of physical property, personal injury lawsuit damages include the total amount of damages to the individual as well as their property.

Types of personal injuries can include, but are not limited to:


What is Considered to Be a Personal Injury?

Any injury to the body, mind or emotional state of a person, inflicted in whole or in part by another party(s) is a personal injury.


What is a Personal Injury Lawsuit?

The goal of a personal injury lawsuit is to compensate the injured party to a degree that puts them back in the same physical, financial, and mental position as they were before the injury occurred.

In a personal injury lawsuit, the plaintiff (injured party) can seek compensation by proving that the defendant (accused or responsible party) is liable for the plaintiff’s damages. The most common way to prove that the defendant is liable for damages is to show that they committed negligence or a blatant disregard for the plaintiff’s safety. For example, if a person slipped on ice outside of a restaurant because the restaurant failed to ensure safety with ice removal, the restaurant can be held liable.

For the most part, the plaintiff consists of an individual. In some cases, the plaintiff can consist of a group of similarly injured persons. For example, if there are multiple people injured in a car accident, the lawsuit can include all of the victims.

The defendant can be an individual, a group of people, a company, or an institution. In mass tort personal injury cases, a manufacturer can be held liable for the injuries caused by a pharmaceutical drug or medical device.


What is the Average Settlement for a Personal Injury?

Personal injury settlements range greatly, depending on the specifics of each case – including the type of personal injury, the severity of injury and losses, other damages involved, damage caps, state laws, and the defendant’s ability to cover damages.



Do You Have to Pay Taxes on a Settlement from a Personal Injury Lawsuit?

No, you do not have to pay taxes of any type for a personal injury lawsuit settlement. Neither your state government nor the federal government can tax you for a settlement.


What Percentage of Personal Injury Cases Go to Trial?

Only around 4 percent to 5 percent of personal injury cases go to trial. Almost all personal injury lawsuits are handled outside of the courtroom during the pretrial.



What is Negligence?

Negligence means that a person acted in a way that puts others in harm’s way. In the case of a personal injury lawsuit, the defendant failed to behave with the level of care that any person of good judgment would exercise in the same situation.

While negligence usually translates to actions that the defendant committed, a defendant can also be accused of negligence by omission. Omission occurs when a person has a duty to act but fails to do so.


How Do I Pursue a Personal Injury Claim?

The process of filing a personal injury case can be both overwhelming and time-consuming.

If you suffered an injury due to the negligence of another party, contact a personal injury lawyer immediately. A personal injury lawyer is trained and experienced in building a strong plaintiff’s case so that the injured party receives the full level of compensation that they deserve. They will help you through the necessary steps: compiling and organizing evidence, drafting demands, conducting interviews with witnesses, obtaining legal documents to support your case, finding experts to testify, communicating with lawyers and if relevant, an insurance company, arbitrating settlements and possibly representing you in a trial. However, it is important to note that most personal injury cases result in a settlement prior to trial.

Our personal injury lawsuit legal team will make sure that you are not burdened with the tedious tasks involved in filing a case, including ensuring your case is filed within the statute of limitations determined by each state. At TorHoerman Law, we work on contingency, so we are just as committed to winning as our clients.


What is a Contingency Fee?

We work on contingency, which means that our legal team will not charge our clients until our clients have been compensated for their injuries. If you don’t win, we don’t win. We will only send you a bill for services after we have reached a conclusion that covers your damages.


What Percentage Does a Personal Injury Lawyer Take from Settlement?

Generally, a personal attorney’s fee will range anywhere from 33 percent to 40 percent of the settlement, depending on a number of factors including the type of case, the specific details of the case and whether the case goes to trial or settles pretrial.


What are the Next Steps in Filing a Lawsuit?

After contacting our firm, you will schedule a time to speak with one of our investigators so we can gather initial information about your case. That information, along with records we’ve gathered, will then be reviewed by an attorney to make a determination in your case. Once the attorney makes a determination to move forward with the case, we will work with you to get a complaint filed.

We take our relationships with our clients very seriously. We encourage participation and communication and view a lawsuit as a mutual effort by both our office and the client.



What Does a Personal Injury Lawyer Handle?

Personal injury lawyers handle an array of different legal processes ranging from filing paperwork, dealing with preliminary motions and hearings, negotiating pretrial settlements, formulating legal arguments, selecting jurors, arguing in court, and much more. The job of a personal injury lawyer and the scope of their duties are wide and often-times overwhelming.


TorHoerman Law is Experience in Personal Injury Lawsuit Claims

TorHoerman Law is a national law firm with offices in Chicago, St. Louis, and Edwardsville, IL which focuses primarily on personal injury cases. Since our inception, our office has negotiated more than $3 billion in verdicts and settlements in a variety of practice areas for people like you – injured through no fault of their own.

If you have any questions or were injured in an accident, contact our team of experienced personal injury attorneys for a free consultation. We are here to help.

Personal Injury Lawsuit - All of your Legal Questions Answered
Article Name
Personal Injury Lawsuit - All of your Legal Questions Answered
If you've suffered an injury, damage or loss of emotional well-being, contact a personal injury lawyer to learn about a personal injury lawsuit.
Publisher Name
TorHoerman Law
Publisher Logo
+ - References

“Pre-Trial Settlement Percentage: Statistics on Personal Injury Settlements.” The Law Dictionary,