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Have you been involved in an accident that was significant or life-altering? Injuries could result in high medical expenses, lost wages and unknown long-term losses that require legal representation to cover. A professional personal injury lawyer can be invaluable.
Pursuing legal action means proving that the defendant is legally accountable for your injuries and damages, and gathering evidence such as police reports, photographs, and witness testimonies to support this.
Personal injury lawsuits typically can be filed in the county or city where the incident took place; however, there may be specific rules that dictate where your case will be heard depending on its specifics and applicable state law. An experienced attorney can help determine the most likely venue for your suit by reviewing state law and relevant factors.
Medical records are the cornerstone of any personal injury case. They offer an objective, detailed account of your injuries’ extent and effects; your lawyer will examine these documents closely in order to gain an accurate picture of both physical and emotional suffering.
Once the investigation is complete, your attorney will file a legal document called a complaint with the court that details your allegations against the defendant and your demands for compensation. A summons will also accompany this legal document that requires them to respond within a specified timeframe. Subsequently, discovery procedures begin including written questions (or interrogatories) each party must answer under oath as well as depositions (sworn statements recorded by court reporters).
Your lawyer will conduct an in-depth investigation and draft and file a formal court complaint against the defendant(s). The complaint includes details such as case number and caption, parties involved, facts that brought about litigation and claims made against those at fault. Typically, plaintiffs use existing law (i.e. decisions from local courts and higher appellate courts) as the foundation for their allegations against these parties.
Complainants may include claims for compensatory damages, such as medical bills, lost wages and future care costs. Furthermore, the complaint may seek punitive damages as punishment against defendants who engage in fraudulent or malicious conduct.
Your attorney will carefully review your medical records in order to fully comprehend your injuries and their impact on you. He or she may then send a demand letter to the defendant’s insurer with the goal of reaching an equitable settlement without needing to go to trial.
A summons is a legal document that informs you that you’ve been sued and asks you to file your response within a specific amount of time, or face losing the case by default without ever being heard by a judge. Take it seriously or you could end up forfeiting it by default!
As “self-service”, you may be able to serve the Summons and Complaint yourself; however, professional process servers or law enforcement officers will likely be necessary if the defendant’s address is difficult to locate. Service must take place within a set period – generally 30 days after filing both documents in court.
This date is known as the “return date.” Since it may fall on a weekend or court holiday, giving you more time to file your response if it was delivered via substituted service (referred to below). If you represent yourself, an alternative form of summons from the court can also be obtained for service.
Your attorneys will conduct a meticulous investigation of your claim by carefully reviewing medical records, interviewing witnesses, consulting experts and recreating accident scenes. A thorough investigation could lead to an out-of-court settlement without needing a trial for resolution of your claim.
If a settlement cannot be achieved, your attorneys may pursue mediation or negotiation as alternative ways of finding an acceptable resolution outside of court. Mediation involves an impartial third-party serving as mediator while negotiation involves parties contacting each other directly with an aim of finding an agreeable outcome without resorting to litigation.
Complaints serve to identify those you wish to sue; this process can be made more complex due to statute of limitations (which sets timeframe for filing claims). When dealing with state agencies or municipalities, special rules apply.