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How to File a Personal Injury Case If you've suffered an injury due to someone else's negligence, you may be able to hold them accountable for the damages you suffered. This can be a difficult process but with the right legal advice and guidance, you can maximize the amount you recover. The first step is to prepare a complaint that details the accident along with your injuries as well as the parties that were involved. personal injury law firm san francisco 's a good idea to find a seasoned lawyer to assist you with this step. The Complaint A personal injury lawsuit begins with the plaintiff (the person who files the lawsuit) filing an official document, referred to as a complaint. It contains the allegations the plaintiff believes are sufficient to warrant an action against the defendants, which could make the plaintiff eligible for damages or injunctive relief. It is a pleading which must be filed with the court and served on the defendant. The complaint should include factual allegations that state the cause of the accident the person responsible for the injury and what the damages are. The information is usually obtained through medical reports and documents, witness statements and other documents. It is crucial to take all the evidence that relates to your injuries, so that your lawyer can present your case to win the lawsuit. During this time your personal injury lawyer will work to prove that the defendant is accountable for your injuries by proving that their negligence caused of your injuries. These claims are referred as “negligence allegations.” Every negligence claim in a personal injury lawsuit is backed by specific facts that show how the defendant violated the law or another law that applies to your particular situation. Most common legal allegations involve the defendant owing you obligations under the law. They then violate the law and cause injuries. The defendant then responds with the answer to each of these negligence allegations. This is an official legal document in which the defendant either acknowledges or denies the allegations. It also contains defenses it plans to employ in court. After the defendant has responded, the case moves to the fact-finding stage of the legal procedure known as “discovery.” During discovery, both sides will share information and evidence. After all the documents have been exchanged between the parties, each is asked to file an motion. These motions can be used to request a change in venue, a dismissal of a judge, or another request from the court. After all motions are filed, the lawsuit can be scheduled for trial. The judge will decide how to proceed with the trial based on the information obtained during discovery and on the motions submitted by each party's lawyer. The Discovery Phase The discovery phase is a crucial component of a personal injuries case. It involves gathering information from both parties in order to create a solid case. There are a variety of ways to gather evidence. The most common are interrogatories and requests for evidence. They are all designed to build an adequate foundation for the case before it goes to trial. A request for production is a written request that asks the opposing party to provide documents that are relevant to the case. This can include documents such as medical documents, police reports, and reports on lost wages. Each side may send these requests to their attorneys and wait for them to respond within a time frame. Your lawyer may then use these documents to construct your case or prepare for negotiations or a trial. A motion for compel can be filed by your lawyer. This will require the opposing party's to provide information that you've requested. This can be challenging if the opposing attorney claims that it's protected work product or if they fail to meet deadlines. The discovery phase generally runs from six months to a year. If you're filing a medical malpractice case or another type of complex injury case, it could take longer. In a typical personal injury case, your lawyer will start collecting evidence from the opposing side within a few weeks after a complaint and summons are served on them. These requests can cover a vast range of topics, but the most common are documents, medical records and witness testimony. After your lawyer has gathered sufficient evidence, they will usually organize a deposition. Your lawyer will ask you questions under oath regarding the incident. Your answers will be recorded by a court reporter and the results will be compared to other witnesses involved in the case. You'll be asked to answer yes or no questions and then handed documents that support these answers. This is a lengthy process that requires patience and care. A well-experienced personal injury attorney can assist you through this lengthy process and get you the justice you deserve. The Trial Phase The trial phase of a personal injuries case is where both sides of your case present their evidence and testimony to a judge or jury. This is a crucial stage, and your attorney will need to be prepared. This phase of your case usually lasts about one year, but based on the complexity of your case, it could take longer. This is why it's so important to choose a seasoned trial lawyer who has successfully taken cases to trial in the past and can give you a thorough understanding of the legal aspects of your case. At this stage of your case, your attorney for the defendant could start offering settlements to you. These can be very valuable especially in the case of serious injuries and your medical expenses are high. It is important to understand that these offers may not be based on your actual worth is. These offers should not not be taken without consulting your lawyer. Your attorney will work with you to determine the information that is most important to you and your defense lawyers at this point of your case. In the event that you fail to disclose this information, it could end up being detrimental to your case. The lawyer representing the defendant will review your case and determine what details they will need to gather to help prepare their defense. This will include things such as insurance information, witness statements, photos as well as other relevant information. Depositions are another essential aspect of this phase of your case. During a deposition your attorney will ask you questions under an oath. The questions should be answered truthfully and not in a misleading or defamatory way. It's also a good idea to inform your lawyer of what you post to social media. Even if you think the information is not private you could be subject to liability if the defendant is able to see a picture of your accident or other details. If your case goes to trial, the judge overseeing the case will select a jury for you. The jury will be able to view your case and determine if the defendant was negligent. The jury will decide if the defendant is responsible for the injuries you sustained and, in the event that they are, how much. The Final Verdict The final verdict in the case of personal injury isn't the end of the story. According to the laws of every state across the nation the party who lost can appeal a jury verdict against them to an appeals court and ask that the jury verdict be overturned. Although it may appear to be an easy process but it can be a difficult and expensive. Each side will present their evidence following a trial that involves an injury. This includes photographs of the scene of an accident, testimony of witnesses, and evidence from experts. The most important part is the deliberation of the jury. This could take a few hours, days, or even weeks based on the severity of the case. There are many additional steps that are involved in the trial process. The judge will determine the selection of an impartial jury (a difficult task, by the way) and also working on a particular verdict form and jury instructions to guide jurors through the maze of details and figures presented in the case. While the jury might not be able to answer all questions at the same time but they are able to make informed decisions about who should be held responsible for the plaintiff's injuries, as well as how much should be compensated for the damages, pain, and other losses. Although it may be costly and time-consuming to do, it is the most important aspect to settle a fair settlement. It is crucial that all parties involved in an injury claim hire the services of a seasoned trial lawyer to aid in this crucial step.