How to File a Personal Injury Case
If you have been injured because of someone else's negligence it is possible to claim them for your injuries. It can be a challenging procedure, but with the right legal guidance and assistance, you can maximize your recovery.
First, you'll need to submit a formal complaint that details the accident, your injuries, as well as the parties in the incident. It's a good idea to get an experienced lawyer to help you with this step.
The Complaint
A personal injury claim begins with the plaintiff (the person who is filing the lawsuit) filing a legal document called a complaint. It contains the claims that the plaintiff believes are sufficient to warrant a claim against the defendants, which may make the plaintiff eligible for damages or injunctive relief.
It is a pleading which must be filed in court, and served on the defendant. The complaint must contain information that detail the injury as well as who is responsible and what the damages are.
The information is usually found in medical reports, documents, witness statements, and other documentation. It is vital to gather all evidence relating to your injuries so your lawyer can construct your case to be successful in the lawsuit.
Your personal injury lawyer will try to establish the liability of the defendant for your injuries, proving that they were negligent in causing your injuries. These claims are referred as "negligence allegations."
Each negligence allegation in a personal injury case must be substantiated with specific facts that show how the defendant committed a violation of law or a different law that applies to your particular circumstance. The most frequent legal claims involve the defendant being owed an obligation under law. They then violate this duty and cause your injuries.
The defendant then responds with Answers to each of these negligence allegations. This is an official legal document that states that the defendant either admits or denies the allegations. It also includes defenses that it intends to employ in court.
After the defendant has responded, the case goes to the fact-finding portion of the legal process known as "discovery." Both sides will share evidence and other information during discovery.
After all documents have been exchanged, each party will be asked to make an motion. Motions can be used for changing the venue or dismissal of a judge or any other request from the court.
Once all motions have been filed, the lawsuit will then be scheduled for trial. Based on the information gathered during discovery and each party's motions, the judge will decide what to do next.
The Discovery Phase
The discovery phase of a personal injury lawsuit is essential. It involves gathering information from both sides to build an evidence-based case.
There are various methods of gathering evidence, but the primary ones are interrogatories, requests for production and depositions. These are all designed to give a solid foundation for the case before the trial.
A request for production is a formal document that requests the opposing party for copies of documents related to the matter. This could include medical documents, police reports, or lost wage reports.
Each side can send these requests to their attorneys and then wait for them respond within a time frame. Your lawyer can use the documents to build your case or prepare for negotiation or trial.
Your lawyer can also submit a motion for compulsion and compel the other party to provide information that you've demanded. This could be problematic if the opposing party's lawyer insists that the information is confidential or misses deadlines.
Generally, the discovery process is anywhere between six months and a year. It can last longer in the event of a medical malpractice suit or any other complicated injury case.
In a typical personal injury case, your lawyer will start gathering evidence from the other side within a couple of weeks after a complaint and citation are served on them. These requests can cover many subjects, but typically they're for medical records, documents or evidence.
Once your lawyer has gathered sufficient evidence, they will usually organize an interview. Your lawyer will ask you questions under oath about the incident. Your answers will be recorded by a court reporter and then compared with any other witnesses that were involved in the case.
You'll be asked to answer yes or no questions and then handed documents to back up your answers. This is a lengthy process that requires patience and attention. A seasoned personal injury lawyer can assist you through this difficult procedure and ensure that you receive the compensation you deserve.
The Trial Phase
Trial is the point in a personal injury case in which both sides present their case before an impartial judge. This is a crucial step, and your attorney will have to be prepared.
This phase of your case typically lasts for about one year, however, based on the extent of your case it may take longer. This is why it's critical to find an experienced trial lawyer who has taken cases to trial before and can provide you with an understanding of all the legal aspects of your case.
At this stage in your case the attorney representing the defendant may start offering settlements to you. These settlement offers are often beneficial, especially if you have suffered severe injuries and are facing high medical bills. It is crucial to recognize that these offers might not reflect you really value. It is not advisable to accept these offers without speaking to your attorney regarding them and your options.
Your lawyer will work closely with you to determine the information that is most important to you for your defense attorneys at this stage of your case. This information could be detrimental to your case.
The attorney representing the defendant will also look over your case and decide on the information they need to prepare their defense. This includes witness statements, insurance information, photographs, and any other pertinent information.
Another important aspect of this stage of your case is the depositions. Your attorney could ask you questions during a deposition. You must answer these questions in a way that's not misleading or damaging to your case.
It is recommended to let your lawyer know what you post to social media. Even if you think it's private, you may be at risk of liability in the event that the defendant finds out that you posted photos of your accident or other information.
If your case is set to go to trial the judge will select the jury. The jury will examine your case and decide if the defendant was negligent. The jury will determine whether the defendant was responsible for your injuries , and in the event that they are, how much.
The Final Verdict
The verdict in an injury case isn't the end of the story. The law in every state allows the losing party to appeal against the decision of the jury to an upper court. They may also ask that the verdict be reversed. Although it appears to be an easy procedure but it can be a difficult and expensive.
In a trial that involves an accident, each side will present their evidence, including images of the scene of the crime, testimony from witnesses , and evidence from experts to prove the case. The most important thing is the jury's deliberation. This can take several days, hours or even weeks depending upon the case's complexity.
There are many additional steps that are involved in the trial process. The judge will supervise the selection and conduct of a fair jury. He or she will also develop a special verdict form and jury instructions that guide jurors through the maze-like facts and figures.
While the jury might not be capable of answering all questions in one go but they can make educated choices about who should be accountable for the plaintiff's injuries, and how much money should be paid for damages, pain, suffering and other losses. This could be a lengthy and costly process, however it is an essential component of ensuring a fair settlement. personal injury lawsuit allentown is why it is highly recommended that all participants in a personal injury claim employ the services of a seasoned trial lawyer to assist with this crucial phase.