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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 worst nightmares. It's crucial to understand the process and what you can do if you're suing.
If someone (the plaintiff), claims that another person was at fault for the accident and they are entitled to compensation, a formal lawsuit is filed. They usually seek monetary damages for medical bills and other costs.
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. No matter if you were at the fault, the individual or entity filing the lawsuit is seeking to pay medical bills and other costs related to the injury. It can be a confusing and scary time. It is recommended that you contact an experienced attorney as soon as possible to assist you.
The initial step in the legal process is to file an application to the court, also known as a complaint. This is the official start of a personal-injury lawsuit and it outlines the details and the damages 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 also gives them a time limit to respond.
After the complaint is filed, each side will take part in a process known as discovery. This is where the parties share evidence and attorneys make arguments to the judge. The date for the trial will be determined once this process is completed. In this stage, you'll need to have an attorney on your side that can combine their knowledge of law with the evidence and circumstances of your case to develop a convincing argument to justify why you should be compensated.
The Summons
A summons is among the most important documents to start a lawsuit and it must be filed before a plaintiff is able to sue someone. A summons is served with the complaint. It serves two purposes: it names the party (the defendant) against whom the lawsuit is filed and informs that person of the allegations in the lawsuit and asks for an appearance in court, which must take place within the timeframe of the statute of limitations for the kind of claim being brought.
After the summons has been filed, the defendant must file a response with the court within the required time frame. If the defendant does not comply, then the plaintiff may be granted a default judgement.
If you are summoned it is important to contact a seasoned personal injury attorney as soon as possible. Your lawyer will prepare an answer in your behalf. The response will either admit, deny, or question every single item of the complaint. Your lawyer will also ask for documents, such as discovery requests, interrogatories, and depositions from witnesses and drivers who were involved in the accident.
It's sometimes difficult for those being sued to spend the time and money necessary to defend themselves. In some cases, the defendant may throw the summons to the ground and ignore it, in the hope that the matter will settle itself. But, refusing to comply with the summons can lead to contempt of court which could mean prison and a substantial fine.
The Demand Letter
A demand letter is an official document that requires the defendant to comply with an obligation legally required (like fixing an issue, paying a sum of money or honoring the terms of a contract) and provides them with an opportunity to do so without having to appear in court. This gives the defendant the chance to resolve the issue at their own pace without having to go through the long and exhausting process of filing a lawsuit.
A well-drafted demand letter should contain a clear history of the dispute and a comprehensive list of damages suffered by the plaintiff, which could include medical bills and property damage, as well as lost wages or income and pain and suffering. The letter should also state the amount of money being demanded by the plaintiff.
The letter of demand should be sent by certified mail with a return receipt to the defendant so that the sender has proof that the document was received. The letter should be sent to an address that is permanent not a temporary one or a place of business. This will help to avoid confusion and confusion in the future.
The person who received the letter may respond with a counter offer. This doesn't mean that the recipient is in agreement with the specific demands and the amounts stated in that letter, but rather that they are willing to settle the dispute outside of court.
The Legal Claim
In the stage of legal claim during the legal claim stage, you'll be given the chance to bargain with the person who has been injured. The goal is to reach an acceptable settlement that avoids a trial, which can be costly and time-consuming. If your lawyer is not able to come to a settlement with the party who has been injured, then the case might be sent to mediation or arbitration.
At this point, the injured party will attempt to convince you they are entitled to compensation for their injuries and expenses. These could include medical bills or lost wages resulting from the absence of work along with pain and suffering, and emotional stress. Depending on the severity the injuries, you could be liable for punitive damages as well.
The plaintiff must show that you were responsible and that the damages suffered resulted in a significant loss to them. The burden is on the plaintiff to prove this by a preponderance of the evidence. This is a high level of proof and requires the help of a knowledgeable personal injury lawyer.
If your lawyer can resolve the matter outside of court and you are awarded compensation. If your lawyers cannot agree on the amount of damages to be awarded, the case will be put to trial. In best personal injury lawyers near me , both sides present their cases to a jury who will then decide on the final award.