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How to File a Personal Injury Case If you have been injured because of someone else's negligence, you may be able to hold them accountable for the damages you suffered. This can be a difficult procedure, but with the proper legal assistance and guidance, you can maximize your claim. In the first instance, you must file a complaint detailing the accident, your injuries, and the parties in the incident. It's a good idea engage an experienced lawyer assist you with this step. The Complaint A personal injury case begins with the plaintiff (the person who filed the lawsuit) and filing a legal document , known as an complaint. It contains the claims that the plaintiff believes are enough to make a claim against defendants. This could lead to the plaintiff being entitled for damages or an injunctive remedy. It is a pleading which must be filed in court, and served on the defendant. The complaint must contain facts that describe how the injury occurred, who is responsible and what the damages are. The information is usually gathered from medical records and documents like witness statements, medical bills and other forms of documentation. It is important that you gather all evidence relating to your injuries to ensure that your lawyer can develop your case to win the lawsuit. Your personal injury lawyer will try to prove the defendant's liability for your losses, showing that they were negligent in creating your injuries. These types of claims are known as “negligence allegations.” Every negligence allegation in a personal injury lawsuit is backed by specific evidence that demonstrates how the defendant violated the law or another law that is applicable to your situation. The most frequent legal claims involve the defendant owing you a duty under law. They then breach this obligation and cause injuries. The defendant responds to each of the negligence claims with an answer. This is a formal legal document where the defendant either acknowledges or denies the allegations. It also includes defenses that it plans to make use of in court. After the defendant has reacted to the defense, the case is moved to the fact-finding phase of the legal process called “discovery.” During discovery, both sides will exchange information and evidence. Once all of the documents have been exchanged, both sides will be required to submit a motion. These motions can be used for changing the venue, dismissal of a judge or any other request from the court. After all motions have been filed, the case can be scheduled for trial. The judge will decide on how to proceed with the trial based on the evidence obtained during discovery and on the motions filed by each party's lawyer. The Discovery Phase The discovery phase is an essential part of a personal injury case. It involves gathering information from both sides to create an evidence-based case. There are a variety of methods for gathering evidence, but the most popular ones are interrogatories, 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 written document that asks the opposing side for copies of documents related to the issue. This could include medical documents, police reports, or lost wages reports. An attorney from both sides can make these requests and wait for the other side to respond within a specified time frame. Your lawyer can use these documents to create your case, or to prepare for negotiations or trial. A motion for compel can be filed by your lawyer. This will require the opposing party to disclose the information you have asked for. But, this is difficult if the opposing party's attorney claims that it's privileged work product or they miss deadlines. The discovery phase typically is between six months and one year. It can be longer in the case of an action for medical malpractice or other type of complex injury case. Your lawyer will begin gathering evidence from the opposing party in a typical personal injuries case within several weeks after a complaint or citation being served. These requests may cover a variety of subjects, but typically they're for medical records, documents or even testimony. After your lawyer has gathered lots of evidence, they will typically schedule a deposition. This is when your lawyer will question you about the accident under oath. A court reporter will take your responses and compare them to other witnesses. The questions will be yes or no and you'll then receive supporting documents. It's a complicated process that should be handled with caution and patience. A skilled personal injury lawyer can guide you through this difficult process and get the justice you deserve. The Trial Phase The trial phase of a personal injuries case is when both parties to your case present their evidence and give testimony to jurors or judges. This is an important stage, and your attorney will need to be prepared. This stage of your case usually lasts for about one year, but it can be much longer based on the complexity of the case. This is why it's essential to find a knowledgeable trial lawyer who has handled cases to trial in the past and will provide you with an in-depth understanding of the legal aspects of your case. At this stage in your case your attorney for the defendant could start making settlement offers to you. These can be very valuable, particularly when your injuries are serious and your medical expenses are high. It is crucial to be aware that these offers may not reflect your actual worth is. These offers should not be accepted without consulting your attorney. Your lawyer will consult with you to determine what information is important for you to share with your defense attorneys at this phase of your case. This information could be detrimental to your case. The attorney representing the defendant will also review your case to determine what details they will need to gather to help prepare their defense. This includes things like insurance information witness statements, photographs, and other relevant details. Depositions are another essential aspect of this phase in your case. During a deposition your attorney will ask you questions under the oath. The questions should be answered truthfully and not in a misleading or defamatory way. It's an excellent idea to let your lawyer know the content you share on social media. Even if it seems like the information is private it could expose you to liability if a defendant sees a photo of your accident or other details. If your case is going to trial, the judge will choose the jury. The jury will look over your case and determine whether the defendant was negligent. The jury will decide whether the defendant is accountable for your injuries and, in the event that they are, how much. The Final Verdict The verdict that is handed down in a case involving personal injury is not the end. personal injury law firm allentown in each state permits the loser to appeal against the decision of the jury to a higher court. They may also ask to have the verdict reversed. Although it may appear to be a straightforward process however, it can be extremely difficult and expensive. After a trial involving an accident, each side will present their evidence, which could include photos of the scene of the crime, evidence of witnesses and evidence from experts to back up the case. The most important part is the jury deliberation. This could take hours, days, or even weeks, depending on the severity of the case. Additionally, there are many other procedures involved in the trial. The judge will oversee the selection and conduct of an impartial jury. The judge will also prepare a specific verdict form and jury guidelines that will guide jurors through the maze of facts and figures. The jury might not be able to answer all of the questions at once however, they can make educated choices about who is accountable for the plaintiff's injuries and what amount of money should be awarded for damage including pain and suffering, and other losses. This could be a lengthy and costly process, however it is an essential part of getting a fair settlement. In this regard, it is recommended that all parties involved in a personal-injury case seek the services of an experienced trial lawyer to assist them in this crucial phase.