How to File a Personal Injury Case
You could be able to hold accountable for your injuries if they were negligent. It's not an easy process, but with the 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 who were involved. This process is best handled by an experienced lawyer.
The Complaint
A personal injury claim begins with a plaintiff (the person who is filing the lawsuit) filing a legal document called a complaint. It includes the allegations the plaintiff believes are sufficient to justify an action against the defendants. This could entitle the plaintiff to money damages or injunctive relief.
It is a pleading which must be filed in a courtroom and served on the defendant. The complaint should include facts that describe the injuries the person responsible for it, and what damages are incurred.
These details are usually gleaned from medical records and documents like medical bills, witness statements and other documents. It is crucial to gather all of the evidence relating to your injuries to ensure that your lawyer can create your case and succeed in winning the lawsuit.
During this time, your personal injury lawyer will work to show that the defendant is responsible for your damages by showing that their negligence caused of your injuries. These are referred to as "negligence allegations."
In a personal injury case every negligence claim must be substantiated by specific facts that show how the defendant broke the law. The most frequent legal allegations are those that claim that the defendant owed you some obligation under law, and that they violated this duty and that their breach caused your injuries.
The defendant responds with an Answer to each of the negligence allegations. This is a formal legal document that states that the defendant either admits or denies the allegations. It also includes defenses it plans to use in court.
If the defendant does not respond then the case will move to the fact-finding stage of the legal process called "discovery." During discovery, both parties will share information and evidence.
After all the documents have been exchanged between the parties, each will be asked for the motion. Motions can be used to obtain the change of venue, dismissal of a judge, or any other request from the court.
Once all motions have been filed, the lawsuit can then be scheduled for trial. The judge will decide on how to proceed with the trial, based on evidence gathered during discovery and the motions filed by each party's lawyer.
The Discovery Phase
The discovery phase of a personal injury lawsuit is essential. It involves gathering evidence from both sides to make an evidence-based case.
There are many methods of gathering evidence, but the main ones are interrogatories, requests for production, and depositions. They are all designed to establish a solid foundation for the case before it goes to trial.
A request for production is a document that asks the opposing party for documents that are relevant to the case. This could include medical records, police records, or reports on lost wages.
An attorney from both sides could send these requests and then wait for the other side to respond within the specified time frame. Your lawyer can then use the documents to prove your case or to help prepare for negotiations or trial.
A motion to compel may be filed by your lawyer. This requires the opposing party to disclose the information you have asked for. But, this is challenging if the opposing lawyer claims that the information is privileged work product or they fail to meet deadlines.
Generally, the discovery phase can last anywhere from six months to a year. It can be longer in the event of an action for medical malpractice or another type of complex injury case.
In a typical personal injury case the lawyer will begin collecting evidence from the opposing side within a couple of weeks after a complaint and the citation are served to them. These requests can cover a broad variety of subjects, but the most frequent are medical records, documents, and testimony.
After your lawyer has gathered an abundance of evidence, they'll typically schedule a deposition. Your lawyer will ask you questions under oath regarding the incident. A court reporter will record your answers and compare them to other witnesses.
The questions will be yes/no and you'll then receive supporting documents. This is a complicated process that requires patience and understanding. An experienced personal injury attorney can help you through this difficult process and help you get the justice you deserve.
The Trial Phase
The trial is the stage in a personal injury case in which both sides present their arguments before the judge. This is a crucial stage and your attorney needs to be prepared.
The trial phase generally lasts around one year, however, depending on the degree of complexity of your case it might take longer. This is why it's crucial to find a skilled trial lawyer who has successfully taken cases to trial before and can give you an understanding of all the legal aspects of your case.
At this stage of your case, the defendant's attorney may begin making settlement offers to you. These can be extremely valuable especially in the case of serious injuries and your medical expenses are high. However, it is important to recognize that these offers are not always just based on what you deserve. You should not take these offers without speaking with your lawyer about them and your options.
Your lawyer will work closely with you to determine what information is most important for you to your defense lawyers at this stage of your case. Failing to disclose this information could be detrimental to your case.
The attorney representing the defendant will also go over your case and decide on the details they require to plan their defense. personal injury attorney florida could include things like insurance information witnesses' statements, photos as well as other relevant information.
Depositions are another important aspect of this phase in your case. Your attorney may ask you questions during deposition. The questions should be answered truthfully and not in a defamatory or misleading manner.
It is also recommended to let your lawyer know about what you share on social media. Even if you think it's private, you could be at risk of liability if the defendant learns that you posted a photo of your accident or other information.
If your case is put to trial, the judge in charge of it will select a jury on your behalf. You will have the opportunity of presenting your case to the jury in order to help determine if your injuries were the result of the defendant's negligence. The jury will determine if the defendant is responsible for your injuries and if so how much.
The Final Verdict
The verdict that is handed down in a case involving personal injury is not the end of the road. According to the laws of every state across the country the loser can appeal various aspects of a jury verdict to an appeals court and ask that the verdict of the jury be thrown out. While this may sound like an easy process but it's full of risk and costly to pursue.
In a trial that involves an accident, both sides will present their evidence, which could include images of the scene of the crime, evidence of witnesses and evidence from experts to support the case. The most important part is the jury's deliberation. This could take up to a few days or even weeks, depending on the case's complexity.
There are many additional steps that are involved in the trial process. The judge will supervise the selection of a fair jury (a difficult task, by the way) and also developing a specific verdict form and jury instructions to help guide the jurors through the maze of facts and figures in the case.
The jury may not be able to address all the questions in one go, but they can make educated choices about who is accountable for the plaintiff's injuries, and the amount to be awarded to compensate for losses in the form of pain and suffering as well as other expenses. Although it is costly and time-consuming, this is an essential part of settling an equitable settlement. For this reason, it is highly recommended that all parties involved in a personal injury lawsuit seek the services of an experienced trial attorney to assist with this crucial step.