5 Steps For Filing A Personal Injury Case

Posted on: 5 January 2016

Dealing with an injury can be tough. The challenges of recovering and dealing with the financial issues due to the accident can simply be overwhelming. It may be in your best interest to file a lawsuit against the individual that injured you. By knowing the specific steps involved in taking legal action, you will be well prepared for this process.

Step #1: File the complaint and summons

The first thing you will want to do is to meet with your attorney and file the complaint against the defendant. This is the document that will list the allegations and charges against the person that caused your injuries. The summons can be mailed or delivered to the sheriff. This will tell the defendant where to appear in court.

Step #2: Wait for the response

The defendant will have 30 days to answer the complaint. This will allow this individual to either admit or deny the allegations and charges that have been filed. It is also possible to be granted an extension by the court for an additional 30 days if the defendant files for one.

Step #3: Discovery stage

The time to get to the details of your injury case is during the discovery stage. There are four parts to the process:

  1. Written interrogatories – This is a set of questions that you must answer for your injury.
  2. Deposition – It may be necessary to meet with the opposing party's attorney face-to-face to respond to questions. 
  3. Requests for admission statements – This will require you to either admit or deny specific statements about your case.
  4. Requests for production documents – This is the time to provide copies of medical bills and other documents that state your financial losses.

Step #4: Going to court

You may either have your case tried by a jury or the judge could determine the final verdict of your injury lawsuit. If you request a jury trial when filing the lawsuit, this will be the method that is used.

Step #5: File for an appeal

The losing party can appeal the decision that was made and request for a new trial to be held. Both the plaintiff and the defendant will have the legal right to file for an appeal.

It's ideal to be prepared if you're the plaintiff in a legal action. Be sure to rely on the expertise provided by your personal injury lawyer to assist you.