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How to File a Personal Injury Case You may be able to hold those responsible for your injuries if the person was negligent. This can be a difficult process but with the right legal guidance and support you can maximize your compensation. The first step is to prepare an action that details the incident, your injuries and the parties who were involved. This is best handled by an experienced lawyer. The Complaint A personal injury claim begins with the plaintiff (the person who filed the lawsuit), filing a legal document called a complaint. It contains the claims that the plaintiff believes are sufficient to warrant an action against the defendants, which may make the plaintiff eligible for damages or injunctive relief. It is a pleading that must be filed with the court and served on the defendant. The complaint should include factual allegations that state the cause of the accident, who is responsible and what the damages are. These facts are typically obtained through medical reports as well as witness statements, documents and other forms of documentation. It is essential to collect all evidence pertaining to the injuries you suffered so that your lawyer can build your case and be successful in bringing the lawsuit on your behalf. Your personal injury lawyer will work to prove that the defendant is responsible for your injuries, proving that they were negligent in the way that they caused your injuries. These claims are called “negligence allegations.” In a personal injury case the negligence allegations has to be supported by specific evidence that demonstrates that the defendant violated law. Most common legal allegations involve the defendant owing you obligations under the law. They then violate this duty and cause injuries. The defendant then responds to the negligence claims by submitting an Answer. This is a formal legal document that either admits the allegations or denies them and it also sets out defenses it plans to use in court. Once the defendant has replied, the case moves to the fact-finding portion of the legal process called “discovery.” Both sides will share documents and evidence during discovery. After all documents have been exchanged, each party is required to submit a motion. These motions may be used to request a change in venue, a dismissal of a judge or another request from the court. Once all motions have been filed, the lawsuit can be scheduled for trial. The judge will determine how to proceed with the trial based upon the information gathered during discovery and the motions filed by each side's lawyer. The Discovery Phase The discovery phase is a vital part of a personal injury case. It involves gathering information from both sides to create a solid case. There are personal injury attorney glendale of gathering evidence, but the most popular ones involve interrogatories, requests for production and depositions. Each of these is designed to create an adequate foundation for the case before it goes to trial. A request for production is a formal document asking the opposing side to provide documents relevant to the dispute. This can include documents such as medical records, police reports, and lost wages reports. Each party can send these requests to their lawyers and wait for them reply within a specified time. Your lawyer can then use these documents to construct your case or prepare for negotiations or a trial. A motion to compel can be filed by your lawyer. This will require the opposing party to provide the information you have asked for. This could be problematic in the event that the opposing lawyer insists that the information is confidential or misses deadlines. The discovery phase typically is between six months and one year. It could be longer if you're filing an action for medical malpractice or any other complex injury case. In a typical personal injury case the lawyer will begin collecting evidence from the other side within a couple of weeks after a complaint and summons are served on them. These requests may cover a variety of topics, but most commonly they're for medical records, documents or witness statements. After your lawyer has collected enough evidence, they will typically schedule a deposition. This is where your lawyer will inquire of you about the incident under an oath. A court reporter will record your answers and compare them to other witnesses. You'll be asked to answer yes or no questions and handed documents that support these answers. It's a complex procedure that needs to be handled with attention and patience. An experienced personal injury attorney can help you through this difficult process and assist you get the justice you deserve. The Trial Phase The trial stage of a personal-injury case is where both sides of your case present their evidence and testimony to jurors or judges. This is an important stage and your attorney needs to be prepared. This phase of your case generally lasts around one year, but it can take much longer based on the difficulty of the case. It is crucial to find an experienced trial lawyer who has been able to take cases to trial in the past. They can help you learn about the legal aspects of your case. The lawyer for the defendant may offer settlement offers to you at this time. These settlement offers can be extremely advantageous, especially if you have suffered severe injuries and have high medical bills. It is crucial to be aware that these offers might not be based on you are worth. You should not take these offers without speaking with your lawyer regarding them and your options. Your attorney will assist you in determining what information is important for you to provide to your defense attorneys at this stage of your case. In the event that you fail to disclose this information, it could end up being detrimental to your case. Your case will be reviewed by the lawyer representing the defendant. They will then determine the necessary information needed to plan their defense. This includes statements from witnesses, insurance information photographs, as well as other pertinent details. Depositions are another key aspect of this phase that you will be facing. During a deposition your attorney may ask you questions under oath. The questions should be answered truthfully and not in a defamatory or misleading way. It is recommended to inform your lawyer what you post on social media. Even if you think it's private, you may be exposed to liability in the event that the defendant finds out that you posted photos of your accident or other information. If your case is going to trial, the judge will choose the jury. The jury will be able to review your case and determine if the defendant was negligent. The jury will decide whether the defendant is accountable for your injuries, and if they are the amount they should pay you. The Final Verdict The final verdict in a case involving personal injury is not the end of the road. In all states across the country the party who lost can appeal a jury verdict to a higher court and request that the jury verdict be overturned. While this may sound like a simple process but it's full of risk and costly to pursue. Each side will present their evidence after a trial involving injuries. This includes photos of the scene of the accident testimony from witnesses, and evidence from experts. The most important aspect is the jury's deliberation. This could take a few up to a few days or even weeks, depending on the severity of the case. Additionally to that, there are a myriad of procedures involved in the trial. The judge will oversee the selection and conduct of fair jurors. The judge will also develop a special verdict form and jury guidelines that will guide jurors through the maze-like facts and figures. The jury may not be able of answering all the questions at once however, they can make informed decisions regarding who is responsible for the plaintiff's injuries and the amount of money that should be awarded for the damage including pain and suffering, and other losses. This could be a lengthy and costly process, however it is an essential element of ensuring a fair settlement. In this regard, it is suggested that all parties involved in a personal-injury case employ the services of an experienced trial attorney to assist with this crucial step.