I Am Being Sued For Personal Injury - What to Do If You Are Being Sued
It could be one of the most devastating things that can happen to you. However, it's important to understand the process and what you can do if you're suing.
When a person (the plaintiff) asserts that another person is responsible for the accident and that they are entitled to compensation an official lawsuit is filed. They usually seek monetary damages for medical bills and other expenses.
The Complaint
Someone is suing you for personal injury, believing that you are responsible for an accident which caused them to become injured. Whatever the case, whether or not you were at blame, the person or entity filing the lawsuit wants you to pay medical bills and other expenses related to the injury. It can be a frightening and complicated moment, but you must get an experienced lawyer away to help.
The first step of the legal process is filing an application in court known as a complaint. This is the formal start of a personal injury suit and it provides the details as well as the damages you're seeking. The plaintiff must also submit a summons. This is a document that informs the defendant that they are being sued and gives them a deadline to respond.
When the complaint is filed each side will take part in a process known as discovery. The parties will share evidence, and their lawyers will make arguments before the judge. After this is completed the trial date will be scheduled. You will need an attorney who can combine their expertise in law with the facts and evidence of your case in order to present a convincing argument on your behalf.
The Summons
A summons is an essential document that kicks off the process of bringing a lawsuit. It must be filed by the plaintiff prior to when they can sue anyone. A summons, when served along with the complaint, serves two purposes: it identifies (the defendant), informs him of the allegations made in the complaint, and asks that he appear in court within the period of limitation for the kind of claim being filed.
Once the summons is filed the defendant must respond to the court within the specified timeframe. If the defendant fails to respond within the required time frame then the plaintiff can seek a default judgment.
If you are served with a summons it is important to contact a seasoned personal injury lawyer as soon as possible. Your lawyer will file a response on behalf of you. The answer will admit, deny or question each item in the complaint. Your lawyer will also request discovery, which includes documents, interrogatories, as well as depositions of witnesses or drivers involved in the crash.
It can be very frustrating for someone being accused of a crime, to be forced to put in the time and money to defend themselves. In some instances the defendant could dismiss the summons to the ground and then ignore it in the hope that the case will be resolved itself. However, refusing to answer the summons can result in contempt of court which can result in jail and a large fine.
The Demand Letter
A demand letter is a document that demands that the defendant fulfill a legal obligation (like fixing an issue, paying amount of money or fulfilling the terms of a contract) and gives them an opportunity to complete the task without the need to appear in court. This gives the defendant a chance to address the issue by themselves without having to go through the lengthy and exhausting process of filing an action.
A well-written demand letter should include a clear explanation of the dispute, as well as an exhaustive list of damage suffered by the plaintiff, including medical bills or property damage, loss of wages or income and pain and suffering. It should also contain an exact dollar amount the plaintiff wants to be reimbursed for.
The demand letter should be sent to the defendant via certified mail, return-receipt requested to ensure that the person sending the letter can have proof that the defendant has received the document. The letter should also be sent to a permanent address, as opposed to an address that is temporary or a location of business, as this will help prevent confusion and miscommunication in the future.
The recipient of the demand letter might respond by sending counter-offers. This doesn't necessarily mean that they agree with the specific requests and the amounts stated in the letter however, it does indicate that they are willing to settle the dispute out of court.
The Legal Claim
During the legal claim stage you will be offered the opportunity to negotiate with the injured party. The goal is to reach an equitable settlement so that you don't need to go to trial, which could be costly and time-consuming. If your lawyer is not capable of settling with the person who was injured or the other party, then your case will go to mediation or arbitration.
At this moment, the injured party will try to convince you they deserve compensation for their injuries and expenses. This could include medical bills, lost wages due to the absence of work, emotional distress, and pain and suffering. You may also be liable for punitive damages depending on the degree of the.
The plaintiff must demonstrate that you're at fault and that your injuries have caused them a significant loss. The burden is on the plaintiff to prove this with the help of a preponderance evidence. This is a very high standard of proof that requires the assistance from a knowledgeable personal injury attorney.
If your lawyer is able to settle the case out of court you will be awarded compensation. However, if personal injury lawyers near me are not able to agree on the amount of the damages, the case will go to trial. Both sides present their arguments before a jury, who will then determine the final amount.