Your Family Will Thank You For Getting This Top Personal Injury Attorneys Near Me
I Am Being Sued For Personal Injury - What to Do If You Are Being Sued
It's one of the most devastating things that can occur to you. But, it's essential to know the process and what you should do if you're being sued.
When someone (the plaintiff), claims that another person was at fault for the accident and they are entitled to compensation an official lawsuit is filed. They usually seek damages in the form of money to cover medical bills and other costs.
The Complaint
Someone is suing you for personal injury, claiming that you were responsible for an accident that resulted in their injuries. No matter if you were at fault, the person or entity who filed the lawsuit is seeking to pay their medical bills and other costs associated with the injury. It can be a stressful and confusing time, but it's best to find an experienced attorney right immediately to help.
The initial step in the legal process is filing a court document known as a complaint. This is the first step of a personal injury lawsuit and it lists the details and the damages you're seeking. The plaintiff must also submit a summons. This is a legal document that informs the defendant that they are being sued, and provides them with a time period to respond.
When the complaint is filed both sides will then engage in what's called discovery. This is when both parties discuss evidence and attorneys present arguments to the judge. Once the exchange is concluded and a trial date will be determined. This is the time to have an attorney who will combine their knowledge of law with the evidence and the facts of your case to develop a convincing argument to support your claim. be compensated.
The Summons
A summons is a vital document that kicks off a lawsuit. It must be filed by the plaintiff before they can sue anyone. A summons, if served with the complaint, serves two functions: it identifies (the the defendant), informs the defendant of the allegations contained in the complaint, and requests that he appear in court within the time of limitation for the kind of claim being brought.
The defendant must respond to the summons within a certain time limit. If the defendant fails to respond within the required time frame and the plaintiff is not able to file a response, the plaintiff may be able to a default judgment.
If you receive a summons it is important to get in touch with a skilled personal injury attorney as soon as possible. Your lawyer will file an answer on your behalf. The response will admit, deny or question each aspect of the complaint. Your lawyer will also demand discovery, including document requests, interrogatories, and depositions from witnesses or other drivers involved in the collision.
It can be a bit of a hassle for someone who is threatened with a lawsuit, to put in time and effort to defend themselves. In certain cases, a defendant might figuratively or literally throw the summons to the floor and then ignore it, hoping that the case will disappear by 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 requires the defendant to fulfill the legal obligations (such as resolving a problem or paying a certain amount of money, or honoring an obligation made in a contract) and provides them with the chance to fulfill this obligation without having to appear at trial. This gives the defendant an opportunity to solve the problem on their own without having to go to court.
A well-written demand letter must contain a clear description of the dispute and a comprehensive list detailing the damages suffered by the plaintiff. This should include medical bills, property damage and lost wages or income, along with pain and suffering. It should also contain the specific amount the plaintiff wants to be reimbursed.
personal injury lawyer kansas city should be sent to the defendant via certified mail, return receipts requested to ensure that the sender will be able to prove that the defendant has received the document. The letter should be sent to an address that is permanent and not a temporary address or a business address. This will help avoid confusion and miscommunication in the future.
The person who received the demand letter may respond to it by sending a counter-offer. This doesn't necessarily mean they will agree with the specific demands and the amount stated in the letter however it could indicate that they are willing to settle the issue out of court.
The Legal Claim
In the stage of legal claim, you will be given the opportunity to discuss the matter with the injured party. The goal is to get an acceptable settlement so that you don't need to go to trial which can be expensive and time-consuming. If your lawyer is not able to settle with the injured party the case will be referred to mediation or arbitration.
At this point, the injured party will attempt to convince you that they are entitled to compensation for their injuries and costs. This could include medical costs or lost wages due the absence of work, emotional distress, and pain and suffering. You may also be liable for punitive damage depending on the severity.
The plaintiff has to prove that you were responsible and that the damages suffered have caused a significant loss to them. The burden falls on the plaintiff to prove this by a preponderance evidence. This is a high level of proof that requires the assistance of a seasoned personal injury attorney.
If your lawyer can settle the case without court, then you will receive compensation. However, if the lawyers aren't able to reach a consensus on the amount of the damages, the case will go to trial. Both sides present their case before a jury, who will then determine the final amount.