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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 most devastating things that could occur to you. It's vital to know the procedure and what you should do if you're being sued.
When a person (the plaintiff), claims that another party was responsible for the accident and they are entitled to compensation and a lawsuit is filed. They usually seek financial damages to cover medical bills and other expenses.
The Complaint
You are being sued for a personal injury due to the fact that someone believes you were responsible for an incident that caused them to get injured. Whether or not you were at fault, the person or entity who filed the lawsuit would like you to pay medical bills and other costs associated with the injury. It can be a stressful and scary time. You should consult an experienced attorney immediately to assist you.
The first step of the legal procedure is filing an application to the court, also known as a complaint. This is the official beginning of a personal injury case and it lists all the facts as well as the amount of damages you seek. The plaintiff is also required to issue a summons. This is a form of notice that informs the defendant that they are being sued, and gives them a deadline to respond.
After the complaint is filed, both sides will then engage in what's called discovery. Both sides will exchange evidence, and the attorneys will present arguments to the judge. The date for the trial will be set once this process has been completed. This is the time to have an attorney who combines their knowledge of the law with the evidence and the facts of the case to create a strong argument for why you should be paid.
The Summons
A summons is one of the primary documents used to begin the process of a lawsuit. It has to be filed before a plaintiff is able to sue anyone. A summons, which is served alongside the complaint, serves two purposes: it names (the the defendant) and informs him of the allegations made in the complaint, and asks that he attend court within the time of limitation for the type claim being brought.
After the summons has been filed, the defendant must file a response with the court within the required timeframe. If the defendant does not respond, the plaintiff can obtain a default judgement.
Contact an experienced personal injury lawyer as soon as you receive an order. Your lawyer will submit an answer on behalf of you. The answer will either accept, deny, or question each item of the complaint. Your lawyer will also demand discovery, which could include document requests, interrogatories and depositions of witnesses or drivers involved in the accident.
It can be very frustrating for someone who is accused of a crime, to be forced to spend time and money to defend themselves. In some instances the defendant could dismiss the summons on the ground and then ignore it in the hope that the case will be resolved itself. The refusal to acknowledge the summons could result in contempt which could lead to the possibility of jail time and a huge fine.
The Demand Letter
A demand letter is a type of document which demands that the defendant comply with the legal obligation (like fixing an issue, paying a amount of money or fulfilling the terms of a contract) and provides them with an opportunity to complete the task without having to appear in court. The defendant is given the chance to resolve the issue on their own, without having to go to court.
A well-written demand letter should include a clear explanation of the dispute as well as an exhaustive list of damages suffered by the plaintiff, including medical bills, property damage, lost income or wages, as well as pain and suffering. It should also include the exact amount the plaintiff would like to be reimbursed.
The demand letter should be sent to the defendant via certified mail, return receipt requested, so that the sender can prove that the defendant was notified of the document. The letter should be addressed to an address that is permanent and not a temporary address or a business location. This will help to avoid confusion and miscommunication in the future.
The recipient may respond by sending an offer to counter. This does not mean that they agree with the requirements and amounts mentioned in the letter, but rather that they are willing settle the dispute outside of court.
The Legal Claim
During the legal claim stage in the legal claim phase, you'll have the chance to negotiate with the injured party. The aim is to negotiate an equitable settlement so that you can avoid an appeal, which can be expensive and time-consuming. If your lawyer is not able to reach a resolution with the person who was injured, then your case may be referred to arbitration or mediation.
At this moment, the injured party will try to convince you they deserve compensation for their injuries and costs. This may include medical expenses as well as lost wages due working absences emotional distress, suffering and pain. You may also be liable for punitive damage depending on the severity.
The plaintiff must demonstrate that you're responsible and that your injuries resulted in them a substantial loss. The onus is on the plaintiff to prove this by a preponderance evidence. This is a very high standard of proof and requires the assistance of a knowledgeable personal injury attorney.
If personal injury lawyer pittsburgh can resolve the matter outside of court, then you will be compensated. If your attorneys cannot agree on the amount of damages to be awarded, the case will go to trial. Both sides will present their arguments to a jury, who will decide on the final award.