Top Personal Injury Attorneys Near Me 101"The Complete" Guide For Beginners
I Am Being Sued For Personal Injury - What to Do If You Are Being Sued
Being sued for personal injuries could be one of your most dreadful nightmares. It's crucial to understand the process and what you should do if you're being sued.
A formal lawsuit is initiated when a person (the plaintiff) claims that someone else was at fault for an accident and they are entitled to compensation. They typically seek financial damages for medical expenses and other expenses.
The Complaint
You are being sued for a personal injury because someone believes you were responsible for an incident that caused them to get injured. The person or company that has filed the lawsuit will require you to pay for their medical expenses and other expenses that come along with the injury, regardless of whether or not you are at fault. It can be a confusing and frightening. It is best to contact an experienced attorney as soon as possible to assist you.
The first step in the legal process is to file a legal document known as a complaint to the court. This is the official start of a personal injury lawsuit and it lists the details as well as the damages you're seeking. The plaintiff must also issue a summons. This is a legal 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 will engage in following the filing of a complaint. This is where the parties exchange evidence and attorneys present arguments to the judge. Once this is complete the date for trial will be determined. You will need an attorney who can combine their knowledge of law with the facts and evidence of your case to build a strong case on your behalf.
The Summons
A summons is the primary document that begins a lawsuit. It must be filed by the plaintiff before they can sue anyone. A summons will be served along with the complaint. It performs two purposes: it identifies the person (the defendant) against whom the lawsuit is brought, informs them of the complaint's allegations and asks for a court appearance, which is required within the time limit for the kind of claim that is being brought.
Once the summons is served the defendant must submit a response to the court within the stipulated timeframe. If the defendant fails to respond within the required time frame then the plaintiff can seek an default judgment.
Contact an experienced personal injury lawyer when you receive a summons. Your lawyer will prepare an answer on behalf of you. The response will acknowledge or deny any aspect of the complaint. Your lawyer will also ask for discovery, which could include document requests, interrogatories, and depositions from witnesses or drivers involved in the accident.
It can be frustrating for a person being sued to spend the time and money necessary to defend themselves. In some instances the defendant may simply dismiss the summons on the floor and not pay attention, in the hope that the matter will settle itself. Refusing to answer the summons can result in contempt of court which could lead to imprisonment and a substantial fine.
The Demand Letter
A demand letter is an official document that enjoins the defendant to fulfill the legal obligation (such as resolving a problem or paying a certain amount or observing a contractual obligation) and provides them with the opportunity to complete this task without having to go to trial. The defendant is given an opportunity to settle the problem on their own without having to go to court.
A well-written demand letter should include a clear description of the dispute and a comprehensive list of damages sustained by the plaintiff, which could include medical bills and property damage, as well as lost wages or income and pain and suffering. It should also include the exact amount the plaintiff is seeking to be compensated for.
The demand letter should be sent by certified mail with a return receipt to the defendant, so that the sender can prove that the document was received. The letter must also be sent to a permanent address, rather than an address that is temporary or the location of business, as this will avoid confusion and miscommunication in the future.
The recipient can respond by sending a counter offer. This does not mean they agree with the specific demands and amounts specified in the letter, but that they are willing to settle the dispute outside of court.
The Legal Claim
Negotiations with the victim can be carried out in the legal claim phase. The goal is to get a fair settlement, so that you don't need to go to trial which can be costly and time-consuming. If your lawyer isn't successful in settling the case with the person who was injured, then your case will be referred to mediation or arbitration.
The person who was injured will attempt to convince you that they have a right to compensation due to their injuries, and that they have incurred expenses. personal injury lawyer seattle could include medical costs and lost wages due to missing work emotional distress, suffering and pain. Based on the severity of the injuries, you may be accountable for punitive damages well.
The plaintiff must show that you were responsible and that the harm you caused resulted in a substantial loss to them. It is the burden of the plaintiff to prove this by the preponderance. This is a high level of evidence that requires the assistance from a knowledgeable personal injury attorney.
If your lawyer can settle the case without court, then you will be compensated. If your attorneys cannot agree on the amount of damages to be awarded, the case will be put to trial. At trial, both sides argue their case to a jury who will then decide on the amount of damages to be awarded.