The purpose of a personal injury lawsuit is to compensate the victim for injuries she has sustained as a result of the defendant's negligence. The plaintiff can receive compensation for physical injuries, property damage, lost wages and special or non-economic damages such as pain and suffering.
The victim begins the process by submitting all documentary evidence such as medical reports and repair estimates to the defendant or the defendant's insurance company. Once the plaintiff is done with any treatment required, he or she will make a settlement demand on the defendant.
If the plaintiff and defendant are able to reach a settlement agreement that compensates the victim for all injuries, the case is terminated prior to the filing of a lawsuit. A personal damages lawsuit is a court proceeding to resolve a dispute resulting from the injury of one or more parties.
This may include a car accident, medical malpractice or the typical slip and fall lawsuit. Although the specific details of these cases may vary, the overall procedures for personal damages lawsuits are typically similar.
A personal injury lawsuit is started by the filing of a complaint or petition with the court. This is a document that explains how the plaintiff, or filing party, claims to have been injured, who they believe is at fault and how they wish to be compensated.
A fee is paid to the court with the filing of the complaint. The complaint has to be served upon the party being sued.
For this to happen, a process server or constable provides a copy of the document in person to the individual and attests to the time and date of the service. Proof of service is then filed with the court.
The answer is filed by the responding party usually within 20 to 30 days of service. This is the other party's opportunity to tell their side of the story and why they should not be held accountable for the plaintiff's injuries.
They may also choose to file a counter-claim against the victim if they believe they have incurred damages as well. Discovery is the process of the parties exchanging relevant documents and information.
This may include information about past accidents or injuries, criminal history and other information that may be deemed pertinent. During discovery, the plaintiff produces to the defendant all medical records and any other pertinent documents in support of his personal injury claim.
Medical records become important evidence for establishing the plaintiff's case. The defendant likewise produces documents relevant to the incident that prompted the alleged damages.
The parties take depositions. Each side, before a court reporter, testifies under oath about the personal injury lawsuit.
Part of the discovery phase is the disclosure of medical professionals who will act as experts for the case. Experts may testify at deposition or trial regarding the causal relation of the injuries to the incident.
There are many motions either party may file prior to the lawsuit actually going to trial. This is done to ask the court to make certain determinations about the case or to have the parties proceed in a particular manner.
The court, depending on jurisdiction, may schedule a pre-trial or settlement conference. The scheduling judge meets with the parties to discuss settlement potential.
If the victim and defendant are unable to reach a settlement agreement, the plaintiff must file a lawsuit in court. The case will then proceed to trial where a jury will decide whether the defendant was negligent and if so, what amount of compensation to award the plaintiff.
The trial is when the case actually goes before a judge and jury to determine which party will prevail. Each party has the opportunity to present their case and challenge the other side's contentions.
Once the cases are presented, the judge or jury, if applicable, will resolve the dispute how they see fit. A trial may take anywhere from a day to weeks, depending on the complexity of the case.
Author Resource:-
Tom Selwick has been working with personal injury law in Arizona for the past 10 years. He has written hundreds of articles dealing with the subject. He recommends this Mesa Personal Injury Attorney.
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