How to File a Personal Injury Case
If you have been injured due to the negligence of someone else it is possible to hold them accountable for the damages you suffered. This can be a difficult process but with the right legal guidance and support, you can maximize your claim.
The first step is to prepare an action that details the incident and your injuries, as well as the parties involved. This step is best handled by an experienced lawyer.
The Complaint
A personal injury claim begins with the plaintiff (the person who files the lawsuit) filing a legal document , known as an action. It contains the allegations the plaintiff believes are sufficient to establish a claim against the defendants. The claim could entitle the plaintiff to money damages or injunctive relief.
It is a pleading that must be filed in the court and served on the defendant. The complaint should contain facts that detail the cause of the accident, who is responsible and what the damages are.
These facts are typically found in medical reports as well as witness statements, documents and other forms of documentation. It is crucial to gather all of the evidence relating to the injuries you suffered so that your lawyer can create your case and win the lawsuit for you.
personal injury attorneys philadelphia will work to prove the defendant's responsibility for your injuries, proving that they were negligent in causing your injuries. These claims are known as "negligence allegations."
Each negligence allegation in a personal injury lawsuit must be supported by specific facts that show how the defendant committed a violation of law or a different law that applies to your particular situation. The most common legal allegations are those that state that the defendant was owed a duty under the law, that they breached this duty, and that their breach caused your injuries.
The defendant responds to the negligence allegations by submitting an Answer. This is a formal legal document that states that the defendant either admits or denies the allegations. It also includes defenses that the defendant plans to make use of in court.
After the defendant has provided a response, the case moves to the fact-finding phase of the legal process known as "discovery." Both sides will exchange evidence and other information during discovery.
When all the documents are exchanged, the parties is required to submit motions. These motions may be used to request a change of venue, a dismissal of a judge or another request from the court.
After all motions are filed, the case can be scheduled for a trial. Based on the information gathered during discovery and the motions filed by each party, the judge will decide the best way to proceed.
The Discovery Phase
The discovery stage of a personal injury lawsuit is crucial. It involves gathering information from both sides to build a solid case.
There are many methods of gathering evidence, but the most common ones involve interrogatoriesand requests for production and depositions. Each one is designed to create the foundation of the case before it goes to trial.
A request for production is a document asking the opposing side to produce documents relevant to the dispute. This can be things like medical documents, police reports, and lost wages reports.
Each party can send these requests to their attorneys and then wait for them to respond within a specific time. Your lawyer can then use the documents to prove your case or to help prepare for negotiation or trial.
A motion to compel could be filed by your lawyer. This is a legal requirement for the opposing party to provide the information that you've requested. However, this can be difficult if the other party's attorney claims that it's an exclusive work product or fail to meet deadlines.
The discovery phase typically lasts from six months to one year. If you are filing a medical malpractice case or another complex injury case, it may take longer.
Your lawyer will begin gathering evidence from the opposing side in a typical personal injury case within a few weeks of the issuance of a citation or complaint being served. These requests can cover a vast variety of subjects, but the most commonly requested are medical records, documents and testimonies.
Once your lawyer has collected a lot of evidence, they will typically schedule a deposition. This is where your lawyer will inquire of you about the accident under swearing. A court reporter will record your answers and compare them against other witnesses.
You'll be asked to answer yes or no questions, and given documents that support these answers. This is a complex procedure that requires patience and attention. A skilled personal injury lawyer can assist you through this lengthy process and get you the justice you deserve.
The Trial Phase
The trial is the stage in a personal injury case where both sides have to present their arguments before the judge. It is an extremely important stage and one in which your attorney will need 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 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.
The lawyer of the defendant may make settlement offers to you at this time. They can be extremely beneficial especially when your injuries are severe and your medical expenses are substantial. It is crucial to be aware that these offers may not be based on you really value. You should not accept these offers before talking with your lawyer about the options available to you.
Your lawyer will work with you to determine what information is essential for you to share with your defense attorneys at this phase of your case. Failing to disclose this information could have a negative impact on your case.
Your case will be scrutinized by the attorney representing the defendant. They will then consider the necessary information to prepare their defense. This includes witness statements, insurance details, photographs, and any other relevant information.
Another crucial aspect of this stage of your case is the depositions. During a deposition your attorney will ask you questions under the oath. You must answer these questions in a way that's not misleading or damaging to your case.
It's recommended to let your lawyer know the content you share on social media. Even if it seems like the information is private, you could be exposed to liability if the defendant sees a photo of your accident or other information.
If your case is set to go to trial, the judge will choose the jury. You will be able to make a presentation before the jury to help them decide whether your injuries were caused by the defendant's negligence. The jury will decide whether the defendant is accountable for your injuries, and if they are and how much they must pay you.
The Final Verdict
The final verdict in an instance involving personal injury is not the end of the road. In every state in the country, the losing party can appeal a jury verdict to a higher court and request that the jury verdict be thrown out. While this may sound like something that is easy to do but it's a high risk and costly to pursue.
Each side will present their evidence after a trial involving injuries. This will include photos of the scene of an accident, testimony from witnesses, and evidence from experts. The most crucial part of the whole procedure is the jury deliberation that can take days, hours or even weeks depending on the size and complexity of the case.
Additionally, there are many other aspects of the trial process. The judge will determine the selection of a fair jury (a difficult task, in fact), as well as working on a particular verdict form and jury instructions to help guide the jurors through the maze of evidence and figures that are presented in the case.
The jury might not be able answer all of the questions simultaneously however they are able to make educated choices about who is accountable for the plaintiff's injuries, and how much money should be awarded to compensate for losses in the form of pain and suffering as well as other expenses. This can be a lengthy and costly process, however it is an essential component of ensuring a fair settlement. Therefore, it is suggested that all parties involved in a personal injury lawsuit get the help of a seasoned trial lawyer to assist during this crucial phase.