Personal injury cases

Types of personal injury cases

There are many types of personal injury cases. Usually, the injured person (the plaintiff) sues a person or a business (the defendant) because they caused harm. Common examples include:

• Car crashes

• Slips and falls

• Injuries at a workplace

• Assault or intentional harm

Workplace injuries may involve a workers’ compensation claim and sometimes a separate claim against the person or business that caused the injury.

A case can involve personal injury and property damage. For example, a car crash may hurt you and damage your car.

Basic things to think about before you sue

📅 Deadline to sue (statute of limitations)

You usually have 2 years from the date of the injury to sue.
If you want to sue a government agency, the deadline is shorter.

If someone sues you and they waited too long, you can ask the judge to dismiss the case.

Who to sue

It is not always clear who is responsible for an injury. People often sue:

• The person who caused the injury

• The owner of the car or property

• An employer, if the person was working at the time

You may need to research who owns a business or property so you sue the right people.

Where to sue (venue)

You usually file your case in the county where:

• The injury happened, or

• The defendant lives or does business

Check your insurance

If you have insurance, talk to your insurance company. They may pay some costs so you do not have to sue, or you may sue only for what insurance does not cover.

If someone accuses you of causing the injury, check whether your insurance covers it. Your insurance contract may require you to report it.

Causes of action (legal reasons to sue)

A cause of action is the legal reason you can sue. Examples include:

• Negligence (someone acted carelessly and caused injury)

• Battery (someone intentionally hurt you)

You must prove every part of the cause of action you choose. The defendant should understand what they must defend against.

Damages (what money you're asking for)

Think about all the losses caused by the injury:

• Medical bills

• Lost wages

• Ongoing treatment

• Emotional harm

• Future problems from the injury

Some damages are easy to prove with bills. Others, like emotional distress, are harder to measure the value of.

Evidence (proof)

Keep evidence that supports your side, such as:

• Photos of the scene or injuries

• Medical bills or doctor reports

• Witness statements

• Police reports

The court has rules about what evidence it can consider.

Forms you can use

🔗 All court form links open in a new tab.

Most civil forms are optional. You can use Judicial Council forms or write your own documents.

For plaintiffs

If you are the plaintiff, you must file:

• Summons (form SUM-100)

• Civil Case Cover Sheet (form CM-010)

• A Complaint with at least one cause of action

For your complaint, you can use:

• Complaint — Personal Injury, Property Damage, Wrongful Death (form PLD-PI-001)

• One or more cause-of-action attachments:

  • Motor Vehicle (form PLD-PI-001(1))

  • General Negligence (form PLD-PI-001(2))

  • Intentional Tort (form PLD-PI-001(3))

  • Premises Liability (form PLD-PI-001(4))

If you want to ask for exemplary (punitive) damages, you can use:

• Exemplary Damages Attachment (form PLD-PI-001(6))

For defendants

📅 If you are the defendant, you must respond within 30 days of being served.

You have several options for how to respond.

You can use:

• Answer — Personal Injury, Property Damage, Wrongful Death (form PLD-PI-003)

• Or General Denial (form PLD-050), if it fits your case

• To sue the plaintiff back or add someone else to the case:

  • Cross-Complaint (form PLD-PI-002)

You should also contact your insurer right away.

Keeping your information confidential

If your case involves doxing, online harassment, or threats, you may want to keep your name or other information private.

✅ You have the right to ask the court to keep some information confidential.

This helps protect you if someone has posted your private information online to harm or harass you.

What you can ask to keep private

You can ask the court to keep things like:

• Your name

• Your home address

• Your phone number

• Any information that could put you at risk

How to ask

You use:

• Request to Keep a Name Confidential (form MC-125)

You must file MC-125 when you first file your case, or as soon as you realize your information might be exposed in the court file.

Steps:

1. Fill out MC-125 and explain why sharing your information could put you in danger.

2. File MC-125 with the clerk when you file your complaint.

3. If you already filed your case, file MC-125 as soon as possible.

4. Wait for the judge’s decision.

If the court approves your request

• Your private information will not appear in the public court file.

• You may use a pseudonym, like Jane Doe, in public case records.

• The other side still gets the information they need, but it stays private from the public.

⚠️ Important

• The court can protect information in the case, but it cannot remove information already posted online.

• The judge must approve your request before confidentiality applies.

When talking to a lawyer is important

A lawyer can help in any case, but it is especially important if:

• The injury is severe or long-term

• The possible damages are large

• It is not clear who is at fault

• Several people or businesses may be responsible