How to File a Personal Injury Case
If you have been injured due to the negligence of someone else you might be able to hold them responsible for your damages. It can be a complicated procedure, but with right legal support and guidance, you can maximize your recovery.
The first step is to prepare an action that details the incident and your injuries, as well as the parties who were involved. This process should be handled by an experienced lawyer.
The Complaint
A
personal injury lawyers injury claim begins with the plaintiff (the person who is filing the lawsuit) filing the legal document known as a complaint. It contains the allegations that the plaintiff believes are sufficient to establish an action against the defendants, which could entitle the plaintiff to money damages or injunctive relief.
It is a pleading . It must be filed in court and served on the defendant. The complaint must contain facts that detail what caused the injury the person responsible for the injury and the amount of damages.
These details are usually obtained through medical reports, documents, witness statements and other records. It is essential to collect all evidence related to your injuries so that your lawyer can construct your case and get the lawsuit won for you.
During this period the personal injury lawyer will be working to prove that the defendant is responsible for your damages by showing that their negligence caused the cause of your injuries. These are referred to as "negligence allegations."
Each negligence allegation in a
personal injury attorneys injury lawsuit must be supported by specific facts that prove that the defendant violated the law or another law that applies to your specific situation. Most common legal allegations involve the defendant owing you obligations under the law. They then breach this duty and cause your injuries.
The defendant responds with an Answer to each of these negligent claims. This is a formal legal document that either acknowledges the allegations or denies them, and also lays out defenses it intends to use in court.
When the defendant has responded then the case will move to the fact-finding portion of the legal process known as "discovery." Both sides will share evidence and information during discovery.
Once all of the documents have been exchanged, both sides will be required to submit a motion. These motions can be used to request a change in venue, dismissal of a judge, or another request from the court.
Once all of these motions have been filed, the case can be scheduled for trial. Based on the information gathered during discovery and the motions of each party the judge will decide how to proceed.
The Discovery Phase
The discovery stage of a personal injury lawsuit is essential. It involves gathering evidence from both sides to create a strong case.
There are many methods of gathering evidence, but the most popular ones are interrogatories, requests for production and depositions. They are all designed to provide an established foundation for the case, prior to it is brought to trial.
A request for production is a document that requests the opposing party for copies of documents related to the dispute. This could include medical records, police records, or reports on lost wages.
An attorney from each side can send out these requests and wait for the other party to respond within the specified time period. Your lawyer can then use these documents to construct your case or prepare for negotiations or a trial.
Your lawyer may also file a motion to compel, which requires the other party to disclose information you've demanded. But, this is challenging if the opposing lawyer claims that the information is privileged work product or they fail to meet deadlines.
Generally, the discovery phase is anywhere from six months to one year. It can last longer when you're filing an action for medical malpractice or other type of complicated injury case.
In a typical personal injury case the lawyer will begin collecting evidence from the opposing side within a couple of weeks after a complaint or a citation is served to them. These requests could cover a wide variety of subjects, but the most common are medical records, documents, and testimony.
Once your lawyer has collected a lot of evidence, they'll usually organize deposition. Your lawyer will ask you questions under oath on the incident. Your answers will be recorded by a court reporter and then compared to any other witnesses who were involved in the case.
The questions will be yes or no and you will then be given supporting documents. This is a complicated process that requires patience and attention. A skilled personal injury lawyer can assist you through this process and help you get the justice you deserve.
The Trial Phase
Trial is the stage in a
personal injury lawsuit in which both sides present their case to the judge. This is an important stage and your attorney needs to be prepared.
The trial phase generally lasts around one year, but based on the complexity of your case, it might take longer. This is why it's crucial to find a skilled trial lawyer who has taken cases to trial in the past and will provide you with an in-depth understanding of the legal aspects of your case.
At this moment in your case the attorney representing the defendant may start offering settlements to you. These settlement offers can prove to be extremely beneficial, especially if you suffer from serious injuries or have high medical bills. It is crucial to recognize that these offers may not reflect you really value. It is not advisable to accept these offers without first talking to your attorney about the options available to you.
Your lawyer will collaborate with you to determine what information is necessary to give your defense attorneys during this stage of your case. If you do not disclose this information, it could end up being detrimental to your case.
Your case will be reviewed by the attorney representing the defendant. They will then evaluate the information necessary to prepare their defense. This will include things like insurance information, witness statements, photographs as well as other relevant information.
Depositions are another key aspect of the case. During a deposition your attorney may ask you questions under the oath. The questions should be answered truthfully and not in a defamatory or misleading way.
It is also advisable to let your lawyer know what you share on social media. Even you believe it's private, you may be in danger of being held accountable in the event that the defendant learns you posted a picture of your accident or other information.
If your case will go to trial, the judge will choose the jury. You will have the opportunity of presenting your case before the jury to help them determine if your injuries were caused by the defendant's negligence. The jury will decide if the defendant is liable for your injuries and, if it is so what amount they should pay you.
The Final Verdict
The verdict of the case of personal injury is not the end. According to the laws of every state in the country, the losing party has the right to appeal various aspects of a jury verdict against them to a higher court and demand that the verdict of the jury be thrown out. Although this may seem like something that is easy to do, it is fraught with risk and expensive to pursue.
In a trial that involves an accident, each side will present their evidence, which could include photographs of the scene of the incident, statements from witnesses and evidence from experts to back up the case. The most crucial aspect of the whole process is the jury deliberation that can last hours, days or even weeks, depending on the scope and complexity of the case.
There are many other steps involved in the trial process.