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I Am Being Sued For Personal Injury - What to Do If You Are Being Sued
It could be one of the worst things that could occur to you. It's vital to understand the process and what you can do if you're being sued.
A formal lawsuit is initiated when a person (the plaintiff) asserts that another was at fault for an accident, and that they have a right to compensation. They usually seek damages in the form of money for medical bills and other expenses.
The Complaint
You are being sued for personal injury based on the belief that you were liable for an accident that caused them to get injured. Whatever the case, whether or not you were at blame, the person or entity filing the lawsuit demands that you pay their medical bills and other costs associated with the injury. It can be a stressful and confusing moment, but you must get an experienced lawyer now to assist.
The initial step in the legal process is to file a court document known as a complaint. This is the formal start of a personal injury case and it details all the facts as well as the amount of damages you seek. The plaintiff must also to send a summons to the defendant, which is a form of notice that informs the defendant they're being sued and gives them a deadline to respond to the suit.
Discovery is the process that both parties engage in following the filing of a lawsuit. This is where the parties share evidence and attorneys make arguments to the judge. Once the exchange is concluded and a trial date will be set. You will need an attorney who is able to combine their legal expertise with the facts and evidence of your case in order to make a strong argument on your behalf.
The Summons
A summons is a vital document that kicks off an action. It must be filed by the plaintiff before they can sue anyone. A summons will be served along with the complaint. It serves two functions: it is used to identify the party (the defendant) against whom the lawsuit is brought, informs that person of the allegations in the lawsuit and asks for an appearance in court. This must occur within the statute of limitations for the type of claim that is being brought.
The defendant must respond to the summons within a certain time deadline. If the defendant fails to file a response within the time frame then the plaintiff can seek an default judgment.
If you are summoned it is important to contact a knowledgeable personal injury lawyer as soon as you can. Your lawyer will prepare an answer in your behalf. The response will acknowledge or deny any item in the complaint. Your lawyer will also demand discovery, which includes documents, interrogatories, and depositions of witnesses or drivers who were involved in the collision.
It can be frustrating for those being sued to put in the time and money to defend themselves. In some instances the defendant could dismiss the summons on the ground and then ignore it hoping that the case will be resolved itself. But, refusing to comply with the summons can result in contempt of court and could lead to imprisonment and a huge fine.
The Demand Letter
A demand letter is a document which requires that the defendant perform a legal obligation (like fixing an issue, paying amount of money or fulfilling a contract) and provides them with an opportunity to do so without the need to appear in court. This gives the defendant the chance to resolve the problem on their own without having to go to court.
A well-written demand letter must contain a clear account of a dispute, as well as a detailed listing of the damages suffered by the plaintiff. This should include medical bills and property damage as well as lost wages or income, along with the suffering and pain. It should also mention the dollar amount being sought by the plaintiff.
The demand letter must be sent via certified mail with return receipt requested to the defendant so that the sender has proof that the document was received. The letter should be sent to an address that is permanent and not a temporary address or a business address. This will help to avoid confusion and confusion in the future.
The person who received the demand letter could respond by sending an offer counter-offer. This does not necessarily mean they will agree with the specific demands and amounts specified in the letter however it could indicate that they're willing to settle the issue out of court.
The Legal Claim
During the legal claim stage you will be offered the opportunity to negotiate with the victim. The aim is to negotiate a fair settlement, so that you don't have to go to trial which could be costly and time-consuming. If your lawyer is not in a position to reach a settlement with the injured party, then your case will go to arbitration or mediation.
At this moment, the person who was injured will attempt to convince you they deserve compensation for their injuries and expenses. This could include medical expenses and lost wages due to missing work or work, as well as pain and emotional distress. Depending on the severity of the injuries, you could be held liable for punitive damages as well.
attorney personal injury has to prove that you were responsible and that the harm you caused resulted in a significant loss to them. The burden is on the plaintiff to prove that by a preponderance evidence. This is a very high threshold of proof that requires the assistance of an experienced personal injury lawyer.
If your lawyer can settle the case out of court and you are given compensation. If your attorneys cannot agree on the amount of damages to be awarded, the case will be put to trial. Both sides present their case before a jury, who will then make the final amount.