How to File a
Personal Injury Case
If you've been injured because of someone else's negligence it is possible to hold them responsible for your damages. This can be a difficult process but with the right legal guidance and support you can maximize your compensation.
The first step is to write an official complaint that outlines the accident, your injuries and the parties who were involved. It's a good idea to get an experienced lawyer to assist you in this process.
The Complaint
A personal injury case starts with a plaintiff (the person who is filing the lawsuit) filing an official document, referred to as a complaint. It contains the allegations that the plaintiff believes are sufficient for a claim against defendants. This could lead to the plaintiff being entitled to damages or an injunctive remedy.
It is a pleading and must be filed in court and served on the defendant. The complaint should include facts that describe the cause of the accident, who is responsible and what the damages are.
These facts are often found in medical reports, documents, witness statements and other records. It is important that you collect all evidence related to your injuries so that your lawyer can develop your case to be successful in the lawsuit.
During this time the personal injury lawyer will work to show that the defendant is liable to compensate you for your injuries, by proving that their negligence was the reason of your injuries. These are referred to as "negligence allegations."
Each negligence allegation in a personal injury case must be supported by specific facts that show how the defendant committed a violation of law or a different law that applies to your specific situation. The most common legal claims involve the defendant owing you a duty under law. They then violate this duty and cause your injuries.
The defendant responds to each of the negligence claims with an answer. This is a formal legal document that either acknowledges the allegations or denies them, and also lays out defenses that it intends to use in court.
After the defendant has responded, the case goes to the fact-finding portion of the legal procedure, also known as "discovery." Both sides will share evidence and other information during discovery.
After all the documents are exchanged, each side will be asked to file motions. These motions can be used to request a change of venue, dismissal of a judge or another request from the court.
After all motions have been filed, the lawsuit can then be scheduled for trial. The judge will determine how to proceed with the trial based upon the details collected during discovery and the motions filed by each party's lawyer.
The Discovery Phase
The discovery phase is a crucial part of a personal injury case. It involves gathering information from both sides in order to construct an effective case.
There are various methods of gathering evidence, but the main ones involve interrogatories, requests for production and depositions. Each of these is designed to create an adequate foundation for the case before it goes to trial.
A request for production is a document asking the opposing party to provide documents relevant to the dispute. This could include medical records, police reports, or reports on lost wages.
Each party can send these requests to their attorneys and wait for them respond within a certain time. Your lawyer can then use these documents to build your case or prepare for negotiations or a trial.
Your lawyer may also file a motion to compel that requires the opposing party to hand over the information you've demanded. This can be problematic if the opposing party's lawyer claims that it's confidential or fails to meet deadlines.
The discovery process typically lasts from six months to one year. It can be longer in the case of an action for medical malpractice or another type of complicated injury case.
In a typical personal injury case your lawyer will begin collecting evidence from the opposing side within a few weeks after a complaint or the citation are served to them. These requests could cover a wide range of subjects, but the most commonly requested are documents, medical records and witness statements.
After your lawyer has collected enough evidence, they'll typically organize a deposition. Your lawyer will ask you questions under oath regarding the accident. Your answers will be recorded by a court reporter and then compared with other witnesses who were involved in the case.
The questions will be a yes/no and you will then be provided with supporting documents. It's a complicated procedure that needs to be handled with diligence and patience. A well-experienced personal injury attorney can help you through this lengthy process and get you the justice you deserve.
The Trial Phase
The trial phase of a
personal injury lawyers injury case is when both sides of your case have to present their evidence and their testimony to a judge or jury. It is an extremely important stage , and one in which your attorney needs to be prepared.
This stage of your case usually lasts about one year, however, depending on the degree of complexity of your case it may take longer. It is important to find an experienced trial lawyer who has been able to take cases to trial in the past. They can help you get the legal aspects right for your case.
The lawyer representing the defendant could make settlement offers to you at this point. These settlement offers can be very beneficial, especially if you are suffering from severe injuries or have huge medical bills. It is crucial to be aware that these offers may not be based on you really value. You should not take these offers without speaking with your lawyer about the options available to you.
Your lawyer will work closely with you to determine the information that is most important to your defense attorneys at this stage of your case. Failure to disclose this information could have a negative impact on your case.
The lawyer representing the defendant will also look over your case and determine the information they need to prepare their defense. This includes statements of witnesses, insurance information, photographs, and any other pertinent details.
Another important aspect of this phase of your case involves depositions. During a deposition, your attorney can ask you questions under the oath. The questions should be answered truthfully and not in a misleading or defamatory manner.
It is also recommended to let your lawyer know what you share on social networks. Even if you think that the information is not private You could be subject to liability if the defendant is able to see a picture of your accident or other information.
If your case is put to trial, the judge overseeing the trial will choose a jury on your behalf. You will be able of presenting your case to the jury in order to help them determine if your injuries were caused by the defendant's negligence. The jury will then decide if the defendant is liable for your injuries, and , if so, how much they should pay you.
The Final Verdict
The verdict of a personal injury case is not the end of the story. The law in every state allows the party who lost to appeal against the decision of the jury to an upper court. They may also ask that the verdict be reversed. While this might seem like an easy process however, it's fraught with risks and can be costly to pursue.
Each side will present its evidence following a trial that involves injuries. This will include photos of the scene of an accident, statements of witnesses, and evidence from experts. The most important aspect is the deliberation of the jury. This could take a few days, hours, or even weeks, depending on the nature of the case.
There are numerous other steps to take in the trial process.