Most people who file a lawsuit for personal injury claims are trying to get monetary compensation to cover medical bills, lost wages, pain and suffering, and other losses related to an accident. In some cases, a person or business who is responsible for the injury may have insurance to cover any court award. But before filing a lawsuit, it is almost always a good idea to try to negotiate an injury settlement.
In most cases, the person who is sued in a personal injury case is called the defendant. The person is usually sued because of some kind of negligent action that led to the accident, but sometimes a plaintiff will sue a person or business that was responsible for the accident due to some other kind of legal wrongdoing (such as fraud).
The first step in any lawsuit involves Sacramento personal injury advocate for legal representation notifying the defendant of the claim and giving them time to respond. This is often done by a demand letter that describes the details of the accident, includes copies of medical records that show how bad your injuries are, and states how much you are seeking in damages. Your attorney will prepare this document and send it to the at-fault party or their insurance company.
It is very important that you do not miss the deadline for filing your claim. There are laws on the books known as statutes of limitations that set a strictly enforced time limit for when you can file your claim. If you do not do so before the statute of limitations expires, your claim will be automatically dismissed. For this reason, it is important that you seek legal help right away when an injury occurs, even if you are not sure whether you want to take legal action.
Once the defendant is notified of the lawsuit, they must be served with a summons and a copy of your complaint. This can be a complicated process, especially if the defendant is not in your home, but it is a necessary part of the legal process. Most courts allow a professional process server, the sheriff or constable, or law enforcement officers to complete service. The defendant must be served within a specific time frame after your complaint is filed, but the court will almost always grant extensions if you have difficulty finding or serving the defendant.
If your lawsuit does not result in a settlement, you will have to go to trial and present your evidence to a judge or jury. This can be very stressful and time-consuming, but if you are determined to get compensation for your injury, it is worth the effort.
If you are looking for help with a personal injury claim, please contact our office today to speak with an experienced New York personal injury lawyer. We will work hard to get you the money you deserve as soon as possible. Call us at 1-800-968-8780 or submit an online case evaluation form now to schedule a free consultation.