A Step-By-Step Guide To Top Personal Injury Attorneys Near Me From Beginning To End
I Am Being Sued For Personal Injury - What to Do If You Are Being Sued
It can be one of the worst things that could happen to you. However, it's important to be aware of the process and what you should do if you're suing.
If someone (the plaintiff) asserts that a different person was responsible for the accident and they are entitled to compensation an official lawsuit is filed. They typically seek monetary damages for medical bills and other expenses.
The Complaint
You are being sued for a personal injury based on the belief that you were responsible for an incident that caused them to be injured. The person or entity that brought the lawsuit will want you to pay for their medical bills and any other costs associated with the injury, regardless of whether or not you're the cause of the accident. This can be a scary and confusing time, but it's best to locate an experienced attorney right away to help.
The first step of the legal procedure is filing an application in court known as a complaint. This is the first step of a personal injury case and it outlines all the facts and the damages that you're seeking. The plaintiff must also file a summons. This is a form of notice that informs the defendant that they are being sued and provides them with a time period to respond.
Once the complaint has been filed both sides will engage in what's called discovery. Both parties will exchange evidence, and attorneys argue before the judge. After this is completed and a trial date is set. You will require an attorney who is able to combine their legal expertise along with the evidence and facts of your case in order to build a strong case on your behalf.
The Summons
A summons is an essential document that starts the process of bringing a lawsuit. It must be filed by the plaintiff before they can sue anyone. A summons, if served alongside the complaint, serves two purposes: it identifies (the the defendant) and informs the defendant of the allegations contained in the complaint, and requests that he appear before the court within the statute of limitation applicable to the type claim being brought.
Once the summons is served the defendant must respond to the court within the required time frame. If the defendant fails to do so then the plaintiff can seek an default judgment.
If you're served with a summons it is important to contact a knowledgeable personal injury law yer as soon as you can. Your lawyer will file a response on behalf of you. The response will acknowledge or deny each aspect of the complaint. Your lawyer will also demand discovery, which includes document requests, interrogatories, and depositions of witnesses or drivers involved in the collision.
It can be very frustrating for someone being sued, to have to spend time and money to defend themselves. In certain cases, a defendant might figuratively or literally throw the summons to the floor and simply ignore it, hoping that the lawsuit will go away on its own. The refusal to acknowledge the summons could result in contempt of court which could lead to the possibility of jail time and a huge fine.
The Demand Letter
A demand letter is an official document which requires the defendant to perform the legal obligation (such as resolving a problem or paying a specific amount of money or observing a contractual obligation) and provides them with an opportunity to do this without having to appear at trial. 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 the dispute, along with a detailed listing of the damages suffered by the plaintiff. This includes medical expenses and property damage as well as lost income or wages, along with pain and suffering. It should also include the exact amount the plaintiff would like to be reimbursed.
The demand letter should be delivered to the defendant by certified mail, return-receipt request, so that the sender can have proof that the defendant received the document. The letter must also be sent to a permanent address, rather than a temporary address or location of business, as this will help prevent confusion and miscommunication in the future.
The recipient can respond with an offer to counter. This does not mean that the recipient is in agreement with the demands and the amounts stated in the letter, but it does mean that they are willing to settle the dispute without going to court.
The Legal Claim
During the legal claim stage in the legal claim phase, you'll have the chance to bargain with the person who has been injured. The aim is to secure a fair settlement so that you don't have to go to trial, which can be costly and time-consuming. If your lawyer is unable to come to a settlement with the victim, the case might be sent to mediation or arbitration.
The person who has been injured will try to convince you that they are entitled to compensation for their injuries and that they have incurred costs. This could include medical costs and lost wages due to missing work along with pain and suffering, and emotional distress. Depending on the severity the injuries, you could be responsible for punitive damages as well.
The plaintiff must show that you were at fault and that the injuries you suffered have caused a significant loss to them. The burden falls on the plaintiff to prove this with the help of a preponderance evidence. This is a high standard of evidence that requires the assistance of a seasoned personal injury attorney.
If your lawyer can resolve the matter outside of court then you will be awarded compensation. If your lawyers cannot reach an agreement 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 decide on the final award.