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How to File a Personal Injury Case You may be able to hold accountable for your injuries if they are negligent. It can be a challenging procedure, but with the right legal advice and guidance, you can maximize your recovery. The first step is to draft a complaint that details the accident, your injuries and the parties involved. This is best handled by an experienced lawyer. The Complaint A personal injury case begins with the plaintiff (the person who files the lawsuit) filing an official document, referred to as a complaint. It contains the claims that the plaintiff believes are sufficient to justify an action against the defendants, which could make the plaintiff eligible for damages or injunctive relief. It is a pleading which must be filed in a courtroom and served on the defendant. The complaint should contain facts that explain how the injury occurred which party is responsible, and what the damages are. These details are usually gleaned from medical reports and documents including medical bills, witness statements and other documentation. It is crucial to keep all evidence related to your injuries to ensure that your lawyer can develop your case to win the lawsuit. Your personal injury lawyer will try to establish the liability of the defendant for your injuries, by showing that they were negligent in creating your injuries. These are known as “negligence allegations.” In a personal injury lawsuit any negligence allegation must be supported with specific facts that show that the defendant violated law. The most commonly used legal claims are those that claim that the defendant was owed some obligation under law, that they breached this duty, and that their breach caused your injuries. The defendant then responds to the negligence allegations with an Answer. This is an official legal document that states that the defendant either admits or denies the allegations. It also contains defenses it plans to make use of in court. After the defendant responds and the case is sent to the stage of fact-finding of the legal procedure, also known as “discovery.” Both sides will share evidence and other information during discovery. Once all of the documents have been exchanged, each party is required to submit motions. These motions may be used to request a change of venue, a dismissal of a judge or another request from the court. After all motions have been filed, the case can be scheduled for trial. Based on the information gathered during discovery as well as the motions filed by each party the judge will decide the best way to proceed. The Discovery Phase The discovery phase is an essential aspect of a personal injury case. It involves gathering evidence from both sides to build a solid case. There are many methods to gather evidence. The most common include interrogatories as well as requests for production. Each of these is designed to establish an established foundation for the case before it goes to trial. A request for production is a written document that asks the opposing party to provide evidence relevant to the dispute. This can include things like medical records, police reports, and reports on lost wages. Each side may send these requests to their attorneys and wait for them to reply within a specified time. Your lawyer can then use these documents to create your case or prepare for negotiations or trial. Your lawyer may also make a motion to compel, which requires the other party to turn over information you've requested. But, this is challenging if the opposing lawyer claims that the information is privileged work product or they do not meet deadlines. The discovery phase generally is between six months and one year. It can last longer in the case of a medical malpractice lawsuit or another type of complicated injury case. In a typical personal injury case, your lawyer will start gathering evidence from the other side within a couple of weeks after a complaint and the citation are served to them. These requests can cover a wide variety of subjects, but the most popular are documents, medical records and witness testimony. Once your lawyer has gathered enough evidence, they'll usually schedule a deposition. This is the time that your lawyer will question you about the accident under swearing. A court reporter will take your answers and compare them to other witnesses. You'll be asked questions and handed documents to support your answers. It's a complicated procedure that needs to be handled with diligence and patience. An experienced personal injury attorney can guide you through this challenging process and ensure you obtain the justice you deserve. The Trial Phase The trial phase of a personal injury case is when both sides of your case are required to present their evidence and testify before the jury or judge. It is a crucial phase and one for which your attorney has to be prepared. This stage of your case typically lasts for about one year, however it could take longer depending on the difficulty of the case. It is important to locate a skilled trial lawyer who has handled cases to trial in the past. They can assist you to comprehend the legal aspects of your case. At this stage in your case the attorney representing the defendant may start offering settlements to you. They can be extremely beneficial especially if your injuries are severe and your medical expenses are high. It is important to understand that these offers might not be based on what your true worth. It is not advisable to accept these offers before talking with your lawyer about the options available to you. Your attorney will work with you to determine what information is essential to give your defense attorneys at this phase of your case. This information could be detrimental to your case. The lawyer representing the defendant will review your case and determine what information they need to prepare their defense. This could include things like insurance information, witness statements, photographs and other pertinent information. Another important aspect of this phase of your case involves depositions. During personal injury attorneys massachusetts , your attorney will ask you questions under oath. You must answer these questions in a way that doesn't cause confusion or harm to your case. You should also think about letting your lawyer know what you share on social networks. Even you believe it's private, you could be exposing yourself to liability in the event that the defendant finds out that you shared a photo of your accident or other details. If your case goes to trial, the judge overseeing it will select the jury on your behalf. The jury will review your case and determine whether the defendant was negligent. The jury will decide whether the defendant was responsible for the injuries you sustained and, if so how much. The Final Verdict The verdict of an instance involving personal injury isn't the final word. In every state in the country the person who loses has the right to contest the various aspects of a jury verdict against them to a higher court and demand that the jury verdict be thrown out. While this may appear to be a simple process but it's a high risks and can be costly to pursue. Each side will present its evidence following a trial that involves injuries. This includes photographs of the accident scene, statements from witnesses, as well as evidence from experts. The most crucial part is the jury deliberation. This can take 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 supervise the selection of a fair jury (a difficult task, to say the least) and also developing a specific verdict form and jury instructions to help guide jurors through the maze of facts and figures in the case. While the jury might not be able to answer all questions at the same time however, they can make informed choices about who should be held accountable for the plaintiff's injuries, and how much money should be paid for injuries, pain and other losses. While it can be expensive and time-consuming, it's the most important aspect to settle a fair settlement. For this reason, it is suggested that all participants in a personal-injury case seek the services of a seasoned trial lawyer to assist them in this crucial stage.