Sue Them! Understanding Personal Injury Lawsuits
Posted on: 18 January 2019
When another party has caused you harm, you have the right to seek justice in court. Most people have only the fuzziest of ideas about what it means to take someone to court, and that lack of understanding might make them less likely to take on the task. You should understand that a personal injury attorney can advise you on your best course of action and lead you through the process. It helps, however, to have a basic idea of what it means to file a suit against another party. Read on to learn more.
File the Petition or Complaint
The paperwork that spells out your lawsuit is called either a petition or a complaint, depending on your local customs. This document contains a summary of the reasons why you feel you (known as the plaintiff) should be paid money damages by the other party (the defendant). Most personal injury suits or complaints contain the following bits of information:
The Parties – You, the person you are suing or the business, and their insurance company.
Jurisdiction – Here, the case is assigned to wherever civil cases are litigated in your area.
Claims – You are the one filing the suit so your claims against the defendant are listed, one by one. Claims consist of statements that mention a particular form of harm, who caused the harm, and how you know that they caused the harm (proof or evidence).
Prayers or Demands – Here, you ask for either a demand for judgment or a prayer for relief which is where you prevail upon the court (the judge and jury) to grant you a certain sum of money.
Serving the Suit
The lawsuit process is not complete until the other parties are informed of its existence. Usually, the suit is delivered to the other parties in person by a process server. It has become more common to mail the complaints or petitions to the parties, in some places, using registered and signature confirmation required mailing services as well. That does save you some money since this is part of the court costs that can eat into your compensation. The cover sheet of the suit provides the parties with some deadlines to respond to the allegations within.
Investigations, Negotiations, and Discovery
The last group of actions before you finally set foot in a courtroom mostly involve trial preparation. A settlement, however, can be negotiated at any time without having to go to court. An investigation is the time for both parties to gather their evidence to support claims or to counter claims. Discovery is the official manner of the parties sharing facts about the case with each other.
Get more information about the lawsuit process by speaking with a personal injury attorney from a firm like Nelson Fromer & Crocco Law Offices.
Share
