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How to File a Personal Injury Case You could be able to hold those responsible for your injuries if they're negligent. This is a complicated process , but with legal guidance and support you can maximize your compensation. The first step is to create an official complaint that outlines the incident and your injuries, as well as the parties who were involved. This step is best handled by an experienced lawyer. personal injury lawsuit mountain view starts with the plaintiff (the person who is filing the lawsuit) filing an official document known as a complaint. It contains the allegations that the plaintiff believes are sufficient to warrant a claim against the defendants, which may allow the plaintiff to claim damages or injunctive relief. It is a pleading that must be filed in a courtroom and served on the defendant. The complaint must contain facts that describe the circumstances of the injury which party is responsible, and what the damages are. These details are usually gathered through medical reports, documents, witness statements and other records. It is essential to gather all evidence relating to your injuries so that your lawyer can build your case to win the lawsuit. Your personal injury lawyer will try to prove that the defendant is responsible for your injuries, by showing that they were negligent in causing your injuries. These types of claims are referred to as “negligence allegations.” Every allegation of negligence 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 specific situation. Most legal allegations revolve around the defendant owing you an obligation under law. They then breach this duty and cause injuries. The defendant responds to the negligence claims with an answer. This is a formal legal document which either admits the allegations or denies them and it also lists defenses that it plans to use in court. Once the defendant has replied and the case is now in the fact-finding portion of the legal process known as “discovery.” During discovery, both sides will share information and evidence. Once all of the documents are exchanged, both sides will be asked to submit motions. These motions may be used to request a change in venue, a dismissal of a judge or another request from the court. After all motions have been filed, the lawsuit will be scheduled for a trial. Based on the information gathered during discovery as well as each party's motions the judge will determine which way to proceed. The Discovery Phase The discovery phase is a vital part of a personal injury case. It involves gathering evidence from both sides to build a solid case. There are many methods of gathering evidence, but the primary ones involve interrogatories, requests for production and depositions. They are all designed to build a solid foundation for the case before it goes to trial. A request for production is a written request that requests the opposing side to produce documents that are relevant to the case. This can be things like medical documents, police reports, and lost wages reports. An attorney from each side can make these requests and wait for the other side to respond within the specified time frame. Your attorney can then use the documents to support your case or to help prepare for negotiations or trial. A motion to compel can be filed by your lawyer. This is a legal requirement for the opposing party to provide the information you have asked for. But, this is difficult if the other party's attorney claims that it's privileged work product or they fail to meet deadlines. Generallyspeaking, the discovery phase is anywhere between six months and a year. It can last longer when you're filing a medical malpractice lawsuit or other type of complex injury case. In a typical personal injury case, your lawyer will start collecting evidence from the other side within a couple of weeks after a complaint or summons are served on them. These requests can be for a variety of subjects, but typically, they are for documents, medical records or evidence. Once your lawyer has gathered sufficient evidence, they will typically schedule an interview. Your lawyer will ask you questions under oath concerning the incident. A court reporter will record your answers and compare them to other witnesses. The questions will be yes/no and you'll then be given supporting documents. It's a complex procedure that must be handled with diligence and patience. An experienced personal injury lawyer can guide you through this difficult process and get the justice you deserve. The Trial Phase Trial is the point in a personal injury case where both sides present their case before an impartial judge. It is a crucial stage , and one in which your attorney has to be prepared. This stage of your case typically lasts for about one year, however, based on the degree of complexity of your case it might take longer. It is important to locate an experienced trial lawyer who has taken cases to trial in the past. They can assist you to understand the legal aspects of your case. At this moment in your case the defendant's attorney may begin offering settlements to you. These settlement offers can be very beneficial, especially if you suffer from serious injuries or have high medical bills. However, it is important to realize that these offers are not always just based on what you deserve. Don't accept these offers without first talking to your attorney about them and your options. Your attorney will work with you to determine what information is essential to give your defense attorneys during this phase of your case. In the event that you fail to disclose this information, it could have a negative impact on your case. The attorney for the defendant will also review your case and decide on the information they require to prepare their defense. This will include things such as insurance information witnesses' statements, photographs as well as other relevant information. Another crucial aspect of this phase of your case involves depositions. During a deposition your attorney will ask you questions under an oath. You must answer these questions in a manner that isn't misleading or damaging to your case. It's also a good idea to let your lawyer know the content you share on social media. Even if you think it's private, you could be exposing yourself to liability when the defendant discovers that you posted photos of your accident or other information. If your case goes to trial, the judge who is overseeing the case will select jurors for you. You will have the opportunity to make a case to the jury in order to help them determine if your injuries were caused by defendant's negligence. The jury will decide whether the defendant was responsible for the injuries you sustained and, should they be, what the amount. The Final Verdict The verdict that is handed down in a case involving personal injury is not the end of the road. In every state across the nation the party who lost can appeal various aspects of a jury verdict against them to an appeals court and ask that the jury verdict be thrown out. While this may sound like a simple process but it's full of risk and costly to pursue. Each side will present its evidence following a trial that involves an injury. This includes photographs of the scene of the accident, testimony from witnesses, and evidence from experts. The most important thing is the jury deliberation. This could take up to a few days or even weeks depending upon the complexity of the case. In addition, there are many other procedures involved in the trial. The judge will oversee the selection of a fair jury (a difficult task, to say the least) and also working on a particular verdict form and jury instructions to help guide jurors through the maze of details and figures presented in the case. The jury may not be able answer all of the questions simultaneously however they are able to make educated decisions about who is liable for the plaintiff's injuries, and the amount to be awarded for the damages as well as pain and suffering and other expenses. It can be a long and costly process, however it is an essential element of getting a fair settlement. It is important that all parties in a personal injury case hire the services of an experienced trial lawyer to assist in this crucial step.