I Am Being Sued For Personal Injury - What to Do If You Are Being Sued Being sued for personal injury can be one of your most terrifying nightmares. It is important to understand the process and what you need to do if you are sued. A formal lawsuit starts when a person (the plaintiff) alleges that someone else was responsible for an accident, and that they should be compensated. They usually seek damages in the form of money for medical bills and other costs. The Complaint You are being sued for personal injury because someone believes that you were at fault for an incident that caused them to be injured. The person or company that is suing will demand that you pay for their medical expenses and any other expenses associated to the injury, regardless of whether or not you're at fault. It can be a confusing and scary time. It is recommended that you contact an experienced lawyer immediately to help you. personal injury attorneys in los angeles in the legal procedure is to file a document called a complaint in court. This is the official start to the personal injury lawsuit. it outlines the details of the case along with the damages you're seeking. The plaintiff is also required to file a summons. This is a legal document that informs the defendant that they are being sued and gives them a time period to respond. Once the complaint has been filed each side will take part in what's known as discovery. This is where the parties discuss evidence and attorneys present arguments to the judge. A date for the trial will be decided once the process is complete. In this stage, you'll need to have an attorney on your side who is able to combine their knowledge of the law with the evidence and the facts of your case to build a convincing argument for why you should be paid. The Summons A summons is one of the primary documents used to begin a lawsuit and it must be filed before a plaintiff is allowed to sue anyone. A summons is served with the complaint. It serves two purposes: it names the party (the defendant) against whom the lawsuit is brought and informs that person of the allegations in the lawsuit and asks for an appearance in court, which must be scheduled within the time limit for the type of claim being filed. Once the summons is filed, the defendant must file a response with the court within the stipulated timeframe. If the defendant fails to do so, then the plaintiff may be granted a default judgement. Contact a knowledgeable personal injury lawyer as soon as you receive an order. Your lawyer will file an answer in your behalf. The response will admit the allegations, deny or challenge each aspect of the complaint. Your lawyer will also ask for discovery, which could include document requests, interrogatories and depositions from witnesses or drivers who were involved in the accident. It can be frustrating for someone who is accused of a crime, to be forced to spend time and money to defend themselves. In certain cases the defendant might dismiss the summons to the ground and then ignore it in the hope that the matter will settle itself. Ignoring the summons could lead to contempt and result in the possibility of jail time and a huge fine. The Demand Letter A demand letter is a type of document that demands that the defendant fulfill a legal obligation (like fixing the issue, paying a amount of money, or fulfilling the terms of a contract) and gives them an opportunity to complete the task without having to go to court. This allows the defendant to address the issue on their own, without having to go through the lengthy and exhausting process of filing a lawsuit. A well-written demand letter must include a clear history of the dispute as well as a detailed listing of the damages suffered by the plaintiff. This includes medical bills as well as property damage, lost wages or income, along with pain and suffering. It should also include a specific dollar amount that the plaintiff wants to be reimbursed for. The letter of demand should be sent through certified mail with return receipt to the defendant, so that the sender has proof that the document was received. The letter must also be sent to a permanent address, rather than a temporary address or location of business, as this can prevent miscommunication and confusion in the future. The person receiving the demand letter could respond to it by sending counter-offers. This does not mean that they agree with the specific demands and the amount stated in that letter, but it does mean that they are willing settle the dispute outside of court. The Legal Claim During the legal claim phase, you will be given the chance to bargain with the person who has been injured. The aim is to secure an acceptable settlement so that you don't need to go to trial which could be costly and time-consuming. If your lawyer is not in a position to reach a settlement with the person who was injured or the other party, then your case will be referred to mediation or arbitration. At this moment, the person who was injured will attempt to convince you that they are entitled to compensation for their injuries and costs. This could include medical expenses and lost wages due to missing work, pain and suffering and emotional stress. Depending on the severity the injuries, you could be liable for punitive damages as well. The plaintiff must prove that you were the one to blame and that the injuries suffered have caused a significant loss to them. It is the burden of the plaintiff to prove this by the preponderance of evidence. This is a high standard of proof, and it requires the assistance of a seasoned personal injury lawyer. If your lawyer can resolve the matter outside of court then you will be awarded a settlement. If, however, your lawyers are unable to agree on the amount of the damages, the case will move to trial. At trial, both sides will present their arguments to a juror who will then decide on the amount of damages to be awarded.
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