I Am Being Sued For Personal Injury - What to Do If You Are Being Sued
A lawsuit for personal injury is one of the worst nightmares. But, it's essential to know the procedure and what to do if you are sued.
When a person (the plaintiff), claims that another party was responsible for the accident and that they are entitled to compensation, a formal lawsuit is filed. They typically seek monetary damages to pay medical bills as well as other costs.
The Complaint
Someone is seeking compensation for personal injury, claiming that you were responsible for an accident that caused them to be injured. Whatever the case, whether or not you were at blame, the person or entity that filed the lawsuit demands that you pay their medical bills as well as other expenses related to the injury. It can be a confusing and frightening. You should consult an experienced lawyer immediately to assist you.
The first step in the legal procedure is to file a document known as a complaint in the court. This is the formal start to the personal injury lawsuit. it describes the facts of the situation along with the damages you're seeking. The plaintiff is also required to issue a summons. This is a legal document that informs the defendant that they are being sued and gives them a limit to respond.
After the complaint is filed each side will take part in what's called discovery. It's when both parties share evidence and attorneys make arguments to the judge. After that the date for trial will be determined. You will require an attorney who will be able to combine their knowledge of law along with the evidence and facts of your case in order to make a strong argument on your behalf.
The Summons
A summons is among the primary documents used to begin an action and must be filed before a plaintiff is able to sue anyone. A summons is sent along with the complaint. It performs two functions: it identifies the person (the defendant) against whom the lawsuit is filed, informs the defendant of the allegations in the complaint and requests an appearance before a judge, which must occur within the timeframe set by the statute of limitations for the kind of claim that is being brought.
When the summons is served and the defendant is required to submit a response to the court within the stipulated timeframe. If the defendant fails to respond, the plaintiff could be awarded an order of default.
Contact a knowledgeable personal injury lawyer within the first hour of receiving a summons. The lawyer will provide an answer in your behalf. The answer will either accept or deny every aspect of the complaint. Your lawyer will also demand discovery, which includes documents, interrogatories, and depositions of witnesses or drivers who were involved in the collision.
It's sometimes difficult for someone who is being sued to invest the time and money to defend themselves. In some cases, the defendant may dismiss the summons to ground and disregard it, in the hope that the case will resolve itself. However, not heeding the summons could result in contempt of court which could mean the possibility of jail and a significant fine.
The Demand Letter
A demand letter is an official document which requires the defendant to fulfill the legal obligation (such as resolving a misunderstanding or paying a specific amount or fulfilling the terms of a contract) and provides them with the chance to fulfill this obligation without the need to go to trial. The defendant is given an opportunity to settle the issue on their own, without having to go to court.
A well-written demand letter must contain a clear explanation of the dispute, along with a detailed list of the damages sustained by the plaintiff. This includes medical expenses, property damage and lost income or wages as well as the pain and suffering. It should also include the exact amount the plaintiff wants to receive reimbursement for.
personal injury lawyer attorney should be delivered to the defendant by certified mail, return receipts requested to ensure that the person sending the letter can have proof that the defendant has received the document. The letter should be addressed to a permanent address instead of an address that is temporary, or a workplace, as this will prevent any confusion and miscommunication in the future.
The recipient of the demand letter could respond to it by sending counter-offers. This does not necessarily mean that they agree with the specific requests and the amount stated in the letter, but it does imply that they're willing to settle the issue out of court.
The Legal Claim
Negotiations with the party who has suffered are possible during the legal claim stage. The goal is to get an equitable settlement so that you don't have to go to trial which could be costly and time-consuming. If your lawyer is not able to reach a resolution with the injured party then your case may be sent to mediation or arbitration.
At this moment, the injured party will try to convince you they are entitled to compensation for their injuries and expenses. This could include medical bills, lost wages due to the absence of work emotional distress, pain and suffering. You may also be liable for punitive damages depending on the severity.
The plaintiff has to prove that you are at fault and that your injuries have caused them a substantial loss. It is the plaintiff's burden to prove this through a preponderance. This is a high threshold of proof that requires the assistance of a seasoned personal injury attorney.
If your lawyer can settle the case outside of court, you will be compensated. However, if your lawyers are unable to agree on the value of the damages, your case will go to trial. At trial, both sides present their cases to a jury who will decide on the final award.