* The following article – How to File a Personal Injury Lawsuit – should not be taken as legal advice. For legal advice, always consult with an attorney. *
Injured and seeking compensation, but not sure where to begin? The team at Jezic & Moyse has you covered!
Filing a personal injury lawsuit can be a complex and arduous process. However, with a bit of knowledge (and a little help), the personal injury process doesn’t have to be so daunting.
In today’s blog, we’ll be breaking down the personal injury lawsuit process in a step by step manner, as well as providing insight into the conditions of a personal injury lawsuit.
Filing a Personal Injury Lawsuit
In this section we’ll outline the personal injury lawsuit process – what to expect from the start of your lawsuit until a decision has been made.
If we can be so candid, we recommend you begin your personal injury process by consulting a personal injury attorney. The litigation process can be complex and tedious, so it’s not wise to go at it alone. Leave that to the professionals.
Personal Injury Consultation
The initial step in step in filing your personal injury lawsuit entails scheduling a consultation with a personal injury attorney to delve into the circumstances surrounding your situation.
It is crucial for the attorney to gain a comprehensive understanding of the events leading to your injury, whether it pertains to a motorcycle collision, a pedestrian incident, or any other incident that resulted in harm. The role of the attorney includes an examination of your case, with the objective of determining whether the negligence of another party was the cause of your injury.
Additionally, the attorney may discuss potential avenues for amicable settlement or alternative dispute resolution methods, offering a well-rounded perspective on how best to address your injury-related concerns.
The Personal Injury Lawsuit Process
In general, the lawsuit process will go as follows:
Pre-Trial Complaint Preparation
A personal injury lawsuit begins with the submission of a formal complaint to the appropriate court. The complaint describes the circumstances surrounding the case, together with the legal assertions concerning fault and responsibility.
Upon filing, the complaint is served upon all defendants, i.e., the parties potentially accountable for the victim’s injuries. Subsequently, the defendants are accorded a specified duration within which to furnish a response to the complaint, termed as an “answer.”
Should the defendant counter with claims against the victim, known as counterclaims, the plaintiff (victim) is afforded a specific timeframe to address the allegations contained therein.
In the event the defendant neglects to respond to the complaint, the plaintiff has the option to submit a motion for a default judgment.
The Discovery Phase
Following the initial exchanges of pleadings, the lawsuit proceeds to the evidence-gathering phase, commonly referred to as discovery. During this phase, each party undertakes the collection of additional evidence and information for potential utilization during the trial.
Parties may conduct depositions of involved parties, witnesses, and expert witnesses. Additionally, they might submit written inquiries (interrogatories) to one another, necessitating sworn responses. The discovery phase also can include requests for document production and requests for admissions.
Negotiations for Settlement
Preceding or subsequent to pre-trial motions and hearings, the parties may engage in discussions aimed at achieving a settlement. Certain personal injury lawsuits reach resolution after the parties have had the opportunity to gain further insights into the evidence anticipated at trial.
Pre-Trial Motions & Hearings
Each party is afforded the opportunity to submit pre-trial motions, encompassing matters such as the admissibility of evidence or the inclusion of expert testimony. These motions may also seek a disposition of the case. The defendant, for instance, could request dismissal if the plaintiff has failed to establish a viable legal cause of action.
Trial
During the trial proceedings, the plaintiff presents evidence. Next, the defendant mounts its defense, concluding with both attorneys delivering closing statements.
The judge provides jurors with instructions regarding their responsibilities and states the applicable legal principles. Jurors rely on the presented evidence to make their determinations, using their judgment to weigh the credibility of the evidence.
Post-Trial Motions & Appellate Process
In the event of disagreement with the jury’s verdict, either party possesses the option to file post-trial motions aimed at challenging the verdict’s validity or initiate an appeal. The appellate process can extend over a span of several years.
Personal Injury Claim: Statue of Limitations
Each state establishes specific timeframes, referred to as “statutes of limitations,” governing the initiation of personal injury lawsuits within its jurisdiction.
These time limits vary from one state to another and can further diverge depending on the nature of the personal injury case in question. If you contemplate pursuing a personal injury lawsuit, one of your initial priorities should involve identifying the statute of limitations applicable to your particular case within your state.
Neglecting the statute of limitations can prove to be a costly blunder. It effectively extinguishes your right to pursue legal action for your injuries, permanently foreclosing the possibility of filing a lawsuit. Should you attempt to instigate your case after the statute of limitations has lapsed, the defendant can ask the court to dismiss your case.
If you find yourself uncertain about the timeframe within which you must initiate your personal injury lawsuit, you should seek prompt legal counsel.
Maryland Personal Injury Claims – Hire a Lawyer Today
As you have seen, personal injury claims require knowledge, skill, and legal expertise. Fortunately, you don’t have to navigate this difficult process alone.
In times of distress, you deserve unwavering support. As one of the top personal injury firms in Maryland, at Jezic and Moyse we understand the profound impact personal injuries can have on your life – physically, emotionally, and financially. Our seasoned trial attorneys will seek the compensation you rightfully deserve under the law.
With a commitment to transparency and excellence, we offer complimentary initial consultations. By entrusting us with your personal injury case, you can focus on your recovery and the journey back to normalcy.
Our track record of successfully representing clients speaks volumes about our dedication to delivering results. We invite you to explore the victories we’ve achieved in past personal injury cases, and rest assured that when you choose Jezic and Moyse, you’re choosing a steadfast partner in your pursuit of justice.
Book your free consultation today!