How to File a Personal Injury Case

If you've been injured because of someone else's negligence you might be able to hold them accountable for your damages. This can be a difficult process, but with proper legal guidance and support you can maximize your recovery.

The first step is to write a complaint that details the incident along with your injuries as well as the parties that were involved. It's a good idea to get an experienced lawyer to assist you with this task.

The Complaint

A personal injury law firms injury case starts with the plaintiff (the person who is filing the lawsuit) filing a legal document called a complaint. It contains the allegations that the plaintiff believes are sufficient to support a claim against defendants. This could lead to the plaintiff being entitled to money damages or an injunctive remedy.

It is a pleading which must be filed in court, and served on the defendant. The complaint must contain information that detail the injury as well as who is responsible and what the damages are.

These details are usually gleaned from medical records and documents such as witness statements, medical bills and other documentation. It is essential to collect all evidence pertaining to the injuries you suffered so that your lawyer can build your case and succeed in winning the lawsuit.

Your personal injury lawyer will seek to establish the liability of the defendant for your injuries, by showing that they were negligent in causing your injuries. These types of claims are referred to as "negligence allegations."

In a personal injury law firms injury lawsuit any negligence allegation must be supported by specific evidence that demonstrates how the defendant broke the law. The most common legal allegations are those that state that the defendant was owed an obligation under the law, that they breached this duty and that their breach caused your injuries.

The defendant responds with the answer to each of these negligent allegations. This is a formal legal document that either acknowledges the allegations or injured denies them, and also lays out defenses it intends to use in court.

After the defendant has responded, the case moves to the fact-finding stage of the legal procedure known as "discovery." In discovery, both sides will exchange information and evidence.

After all documents have been exchanged, each party will be asked to submit motions. These motions can be used to request a change in venue, a dismissal of a judge, or another request from the court.

After all motions have been filed, the lawsuit can be scheduled for trial. The judge will decide how to proceed with the trial, based on evidence discovered during discovery as well as the motions filed by the parties' lawyer.

The Discovery Phase

The discovery stage of a personal injury case is essential. It involves gathering evidence from both sides to build a strong case.

There are a variety of methods for gathering evidence, but the most popular ones are interrogatories, requests for production and depositions. They are all designed to establish an established foundation for the case before it goes to trial.

A request for production is a written document that requests the opposing party for copies of documents related to the matter. This could include medical documents, police reports, or lost wages reports.

Each party can send these requests to their lawyers and then wait for them reply within a specified time. Your lawyer can then use the documents to build your case or prepare for negotiation or trial.

Your lawyer can also put in a motion to compel that requires the other party to provide information that you've requested. This can be difficult when the other party's attorney claims that it's protected work product or if they do not meet deadlines.

Generally, the discovery process is anywhere between six months and one year. If you're seeking a medical malpractice lawsuit or another type of complicated injury case, it might take longer.

Your lawyer will begin collecting evidence from the opposing side in a typical personal injuries case within about a week of a complaint or citation being served. These requests can be for a variety of aspects, but most often, they are for medical records, documents or witness statements.

After your lawyer has gathered lots of evidence, they will typically organize a deposition. This is the time that your lawyer will question you about the incident under the oath. A court reporter will record your answers and compare them to other witnesses.

You'll be asked a series of questions and then given documents to back up your answers. It's a complex procedure that needs to be handled with caution and patience. A skilled personal injury lawyer can guide you through this process and get the justice you deserve.

The Trial Phase

Trial is the stage in a personal injury case where both sides have to present their evidence before a judge. It is a crucial phase and one for which your attorney needs to be prepared.

This phase of your case usually lasts for about a year, but it could take longer depending on the extent of the case. This is why it's so crucial to find a skilled trial lawyer who has taken cases to trial before and can give you an in-depth understanding of the legal aspects of your case.

At this moment in your case your attorney for the defendant could start offering settlements to you. These settlement offers can be very beneficial, especially if you suffer from serious injuries or have high medical bills. It is important to realize that these offers may not be based on what you are worth. Don't accept these offers without talking to your attorney about them and your options.

Your lawyer will work with you to determine what information is essential to disclose to your defense attorneys at this stage of your case. This information could be detrimental to your case.

The lawyer representing the defendant will review your case and decide on the details they require to plan their defense. This includes statements of witnesses, insurance information photographs, as well as other pertinent information.

Depositions are another essential aspect of this phase in your case. Your lawyer could ask you questions during a deposition. The questions should be answered honestly and not in a defamatory or misleading manner.

You should also consider letting your lawyer know what you share on social media. Even you believe it's private, you could be exposed to liability when the defendant discovers that you posted a photo of your accident or other details.

If your case will go to trial, the judge will choose a jury. The jury will view your case and determine whether the defendant was negligent. The jury will determine whether the defendant is accountable for your injuries, and if so the amount they should pay you.

The Final Verdict

The final verdict in a case involving personal injury is not the end. Under the law of every state across the country the loser can appeal the jury verdict to an appeals court and ask that the verdict of the jury be overturned. Although it may seem like an easy process but it's a lengthy and costly.

Each side will present their evidence following a trial that involves an injury. This includes photographs of the accident scene, statements of witnesses, and evidence from experts. The most crucial aspect of the entire procedure is the jury deliberation that can take several days, hours, or weeks, depending on the scope and complexity of the case.

Additionally to that, there are a myriad of steps in the trial process. The judge will supervise the selection of a fair jury (a difficult task, by the way), as well as creating a unique verdict form and jury instructions that will help guide jurors through the maze of information and figures that are presented in the case.

While the jury might not be capable of answering all questions at the same time but they can make educated decisions about who should be held accountable for the plaintiff's injuries, as well as how much should be compensated for damages, pain, suffering and other losses. Although it may be costly and time-consuming, this is an essential element of settling a fair settlement. It is essential that all parties in a personal injury case hire the services of an experienced trial lawyer to aid in this crucial step.