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I Am Being Sued For Personal Injury - What to Do If You Are Being Sued
It's among the worst things that can happen to you. It's important to know the procedure and what you need to do in the event of being sued.
A formal lawsuit begins when a person (the plaintiff) asserts that someone else is responsible for an accident and they are entitled to compensation. They usually seek monetary damages for medical expenses and other expenses.
The Complaint
You are being sued for personal injury due to the fact that someone believes you were at fault for an incident which led to them being injured. If you are at the fault, the individual or entity filing the lawsuit is seeking to pay for their medical bills and other costs related to the injury. It can be a confusing and scary time. You should contact an experienced attorney as soon as possible to assist you.
The first step of the legal procedure is filing a court document known as a complaint. This is the official start to the personal injury lawsuit. it provides the facts of the situation along with the damages you are seeking. The plaintiff is also required to issue a summons. This is a document that informs the defendant that they are being sued, and also gives them a time period to respond.
Discovery is the process both parties engage in after filing a complaint. This is where the parties exchange evidence and attorneys make arguments to the judge. Once the exchange is concluded the date for trial will be determined. You will require an attorney who will be able to combine their knowledge of law together with the facts and evidence of your case to present a convincing argument on your behalf.
The Summons
A summons is a vital document that begins an action. It must be filed by the plaintiff prior to when they can sue anyone. A summons, served with the complaint, serves two functions: it identifies (the defendant) and informs him of the allegations in the complaint, and asks that he appear before the court within the time of limitation applicable to the type claim being filed.
Once the summons is filed and the defendant is required to file a response with the court within the stipulated timeframe. If personal injury lawyer queens fails to do so, then the plaintiff can obtain a default judgement.
Contact a skilled personal injury lawyer within the first hour of receiving a summons. Your lawyer will submit an answer in your behalf. The response will acknowledge or deny any item in the complaint. Your lawyer will also request discovery, which can include document requests, interrogatories and depositions of witnesses or drivers who were involved in the collision.
It can be difficult for someone being sued, to have to invest time and money to defend themselves. In some instances the defendant may simply dismiss the summons to the ground and then ignore it in the hope that the matter will settle itself. In the event of ignoring the summons, it could lead to contempt and could result in jail time and a heavy 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 certain amount or fulfilling a contractual obligation) and gives them the chance to fulfill this obligation without having to go to trial. This gives the defendant an opportunity to solve the issue 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 list of the damages sustained by the plaintiff. This includes medical bills and property damage as well as lost wages or income, along with pain and suffering. The letter should also state the dollar amount that is being demanded by the plaintiff.
The demand letter must be sent to the defendant by certified mail, return-receipt request to ensure that the sender can prove that the defendant received the document. The letter should be delivered to an address that is permanent and not a temporary one or a business location. This will help avoid confusion and miscommunication in the future.
The person who receives the demand letter might respond to it by making counter-offers. This doesn't mean that the recipient is in agreement with the specific demands and the amount stated in the letter, but rather that they are willing to settle the dispute outside of court.
The Legal Claim
During the legal claim stage you will be offered the opportunity to negotiate with the injured party. The goal is to get a fair settlement so that you don't have to go to trial, which can be costly and time-consuming. If your lawyer is not in a position to reach a settlement with the party who suffered and the injured party, your case will 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 could include medical expenses or lost wages resulting from the absence of work or work, as well as pain and emotional stress. Depending on the severity of the injuries, you could be responsible for punitive damages as well.
The plaintiff must show that you are at fault and that the damages suffered resulted in a substantial loss to them. The burden lies on the plaintiff to prove this through a preponderance of evidence. This is a high degree of proof that requires the help of an experienced personal injuries attorney.
If your lawyer can settle the case outside of court, then you will be paid. If your lawyers cannot reach an agreement on the amount of damages, the case will go to trial. Both sides present their case before a jury who will then determine the final amount.