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How to File a Personal Injury Case If you've been injured by someone else's negligence and you're injured, you could be able to claim them for the damages you suffered. It's a complex procedure, but with right legal support and guidance you can maximize the amount you recover. First, you'll need to submit a complaint detailing the accident, your injuries, and the parties that were involved. This step is best handled by a skilled lawyer. The Complaint A personal injury lawsuit begins with a plaintiff (the person who is filing the lawsuit) filing a legal document called a complaint. The complaint contains the facts that the plaintiff believes are sufficient for a claim against defendants. This could lead to the plaintiff being entitled to damages or an injunctive remedy. It is a pleading which must be filed in court, and served on the defendant. The complaint should contain details which detail the harm the person responsible for it, and what the damages are. These facts are often found in medical reports and documents, witness statements and other documents. It is vital to keep all evidence related to your injuries so that your lawyer can develop your case to be successful in the lawsuit. Your personal injury lawyer will try to establish the liability of the defendant for your damages, 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 facts that prove that the defendant committed a violation of law or a different law that is applicable to your particular circumstance. The most common legal claims involve the defendant being owed an obligation under law. They then violate this duty and cause injuries. The defendant responds with an Answer to each of the negligence claims. This is a formal legal document that states that the defendant either admits or denies the allegations. It also contains defenses that it plans to make use of in court. After the defendant has responded and the case is now in the fact-finding stage of the legal process , which is known as “discovery.” Both sides will share information and evidence during discovery. After all the documents have been exchanged, each of the parties will be asked to make a motion. These motions may be used to request a change of venue, dismissal of a judge, or another request from the court. Once all of these motions have been filed, the case can be scheduled for a trial. The judge will decide how to proceed with the trial, based on evidence obtained during discovery and on the motions filed by each side's lawyer. The Discovery Phase The discovery stage of a personal-injury case is essential. It involves gathering evidence from both sides to build a solid case. There are many ways to gather evidence. The most common are interrogatories and requests for evidence. Each one is designed to create an established foundation for the case before it goes to trial. A request for production is a formal document that asks the opposing party to provide documents related to the matter. This could include medical records, police records, or reports on lost wages. Each side can send these requests to their lawyers and then wait for them to respond within a certain time. Your lawyer may then use these documents to build your case, or to prepare for negotiations or a trial. A motion to compel can be filed by your lawyer. The opposing party to disclose the information you've requested. But, this is difficult when the other party's attorney claims that it's privileged work product or they miss deadlines. The discovery phase typically runs from six months to a year. If you are filing a medical malpractice case or another type of complicated injury case, it could take longer. Your lawyer will begin gathering evidence from the opposing side in a typical personal injuries case within about a week of the date of the complaint or citation being served. These requests could cover a wide variety of subjects, but the most commonly requested are documents, medical records and witness testimony. After your lawyer has collected sufficient evidence, they will typically arrange deposition. Your lawyer will ask you questions under oath regarding the accident. A court reporter will record your answers and compare them with other witnesses. personal injury lawsuit federal way will be yes or no and you will then receive supporting documents. It's a complicated process that should be handled with diligence and patience. A skilled personal injury lawyer can guide you through this difficult process and get the justice you deserve. The Trial Phase Trial is the stage in a personal injury lawsuit where both sides provide their case to an impartial judge. This is a crucial step, and your attorney needs to be prepared. The trial phase generally lasts around 1 year, but it could take longer based on the difficulty of the case. It is important to find an experienced trial lawyer who has handled cases to trial in the past. They can assist you to understand the legal aspects of your case. The lawyer representing the defendant could make settlement offers to you at this stage. These can be very valuable especially when your injuries are severe and your medical expenses are substantial. However it is crucial to recognize that these offers aren't always based on what you truly deserve. It is not advisable to accept these offers without first talking with your lawyer about the options available to you. Your attorney will consult with you to determine the information that is crucial to disclose to your defense attorneys at this stage of your case. This information could be detrimental to your case. The lawyer for the defendant will also review your case to determine what details they require to plan their defense. This could include things like insurance information witness statements, photographs and other pertinent information. Another important aspect of this stage of your case are depositions. During a deposition, your attorney may ask you questions under an oath. These questions must be answered honestly and not in a misleading or defamatory manner. It's also a good idea to inform your lawyer of what you post on social media. Even if you think that the information is private you could be subject to liability if a person who is liable sees the photo of your accident or other information. If your case is put to trial, the judge in charge of the case will select the jury on your behalf. You will have the opportunity to make a case to the jury in order to help determine if your injuries were the result of the defendant's negligence. The jury will then decide whether the defendant is accountable for your injuries and, if it is so what amount they should pay you. The Final Verdict The verdict of a case involving personal injury is not the end of the road. The law in each state allows the losing party to appeal against the verdict of the jury to an upper court. They can also ask that the verdict be rescinded. Although it may appear to be an easy process however, it can be extremely difficult and costly. Each side will present their evidence following a trial that involves injuries. This will include photos of the accident scene, testimony of witnesses, and evidence from experts. The most important aspect is the jury deliberation. This could take a few days, hours, or even weeks depending upon the nature of the case. Additionally to that, there are a myriad of steps in the trial process. The judge will supervise the selection of a fair jury (a difficult task, in fact), as well as working on a special verdict form and jury instructions to guide the jurors through the maze of evidence and figures that are presented in the case. While the jury might not be able of answering all questions at once but they are able to make informed decisions regarding who should be held accountable for the plaintiff's injuries and how much should be paid for damages, pain, suffering, and other losses. While it is costly and time-consuming, it's an essential element of settling a fair settlement. For this reason, it is advised that all parties involved in a personal-injury case employ the services of an experienced trial lawyer to assist them in this crucial phase.