This Is A Guide To Top Personal Injury Attorneys Near Me In 2023
I Am Being Sued For Personal Injury - What to Do If You Are Being Sued
Getting sued for personal injury could be one of your most terrifying nightmares. It is important to understand the procedure and what you should do in the event of being sued.
A formal lawsuit begins when a person (the plaintiff) asserts that someone else was responsible for an accident and they are entitled to compensation. They usually seek monetary damages for medical bills and other expenses.
The Complaint
You are being sued for personal injury because someone believes that you were responsible for an incident which led to them being injured. No matter if you were at the fault, the person or entity that filed the lawsuit demands that you pay 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 in the legal process is to file a document known as a complaint to the court. This is the official beginning to a personal injury lawsuit and it describes the facts of the case with the damages you're seeking. The plaintiff also needs to issue a summons. This is a document which informs the defendant that they are being sued and provides them with a time limit to respond.
When the complaint is filed both parties will engage in what's called discovery. The parties will share evidence, and attorneys will argue in front of the judge. After this is completed and a trial date will be determined. At this point, you will need to have an attorney on your side who will combine their knowledge of law with the evidence and the facts of the case to present a convincing argument to justify why you should be compensated.
The Summons
A summons is an essential document that initiates an action. It must be filed by the plaintiff before they can sue anyone. A summons, if served with the complaint, has two purposes: it identifies (the defendant), informs him of the allegations made in the complaint, and demands to have him appear in court within the time of limitations for the type of claim being filed.
The defendant must reply to the summons within the given time limitation. If personal injury attorneys in los angeles does not comply, then the plaintiff may be granted a default judgment.
Contact a seasoned personal injury lawyer when you receive an order. Your lawyer will file a response on your behalf. The answer will either accept or deny every aspect of the complaint. Your lawyer may also request discovery, which may include document requests, interrogatories and depositions of witnesses or drivers involved in the crash.
It can be frustrating for someone who is sued to have to put in the time and money to defend themselves. In some instances the defendant might dismiss the summons to the ground and ignore it, hoping that the case will go away itself. The refusal to acknowledge the summons could lead to contempt, which can result in jail time and a heavy fine.
The Demand Letter
A demand letter is a form of communication that demands that the defendant perform an obligation that is legally required (like fixing the issue, paying a sum of money or honoring a contract) and gives them the opportunity to fulfill it without having to appear in court. The defendant is given the opportunity to resolve the issue on their own, without the need for court.
A well-written demand letter must include a concise explanation of the dispute, as well as a comprehensive list of damage suffered by the plaintiff, such as medical bills and property damage, lost earnings or wages, as well pain and suffering. It should also contain a specific dollar amount that the plaintiff would like to be compensated for.
The demand letter should be sent to the defendant via certified mail, return receipts requested, so that the sender will be able to prove that the defendant has received the document. The letter should be sent to an address which is permanent, not a temporary one or a business location. This will help avoid confusion and confusion in the future.
The recipient could respond by sending a counter-offer. This doesn't mean that the person receiving the letter agrees with the demands and the amount stated in the letter, but that they are willing to settle the dispute without going to court.
The Legal Claim
Negotiations with the party who has suffered can be conducted during the legal claim stage. The goal is to reach an equitable settlement so that you can avoid a trial that can be costly and time-consuming. If your lawyer is not able to agree to a settlement with an party who has been injured, then your case could be sent to mediation or arbitration.
At this moment, the person who was injured will try to convince you that they are entitled to compensation for their injuries and expenses. This may include medical expenses or lost wages due being away from work, emotional distress, and suffering and pain. Depending on the severity the injuries, you could be accountable for punitive damages well.
The plaintiff must demonstrate that you were the one to blame and that the harm you caused resulted in a substantial loss to them. The plaintiff has the burden to prove this by a preponderance. This is a very high standard of proof and requires the help of a seasoned personal injury attorney.
If your lawyer is able to settle the case outside of court then you will be awarded a settlement. If, however, your lawyers cannot agree on the value of the damages, the case will move to trial. Both sides present their case before a jury, who will then determine the final amount.