Those suffering serious injuries that result in significant medical bills or lost wages may need to file a personal injury suit against those responsible. Although their legal home may lie elsewhere, certain states have laws known as long-arm statutes that allow courts to assume jurisdiction over defendants who come voluntarily into their state.
Location of the Accident or Incident
Location is one of the primary considerations when filing a personal injury suit, as most witnesses live there and treatment was provided for injuries sustained in that location. Furthermore, its significance can help establish which laws pertain to any given case.
Alternatively, if the defendant lived or conducted business in another state or country when their injury occurred, an experienced lawyer must research its laws to decide whether it would be fair to bring an action there. A defendant might request to move their case elsewhere and it will be up to their judge there to decide.
As part of initiating a lawsuit, the plaintiff must file both a summons and complaint in the appropriate court. The latter outlines their claims of injury as well as damages sought; any relevant legal theories such as negligence and intentional tort should also be mentioned here. Lastly, summons must comply with local rules of civil procedure so they notify defendant of lawsuit immediately.
Complaints must then be filed with the court, with summonses being served on defendants (delivered to them). At this stage, defendants will need to carefully read through and respond to the Complaint within a specific timeframe – often either admitting or denying its allegations.
Sometimes the plaintiff’s attorney must submit documents such as requests for admissions and depositions in order to build their case effectively. Conversely, defense attorneys for defendants may need medical and financial records reviewed in order to challenge certain aspects of a claim made against them. Furthermore, often times insurance companies of both sides will negotiate an acceptable settlement agreement.
Where the Defendant Lives or Does Business
If it can be demonstrated that another individual or business acted negligently in an accident and their actions caused you injuries, they should be held accountable through a personal injury claim. It’s important to keep in mind that filing such a suit involves more than simply filing a complaint; rather, this type of litigation requires extensive preparation in advance and investigation before filing suit.
Starting the legal process involves filing a summons and complaint with the court. This legal document details your allegations against the defendant as well as damages you seek from them, while at the same time notifying them they’ve been sued and providing them with timeframe to respond within.
Establishing personal jurisdiction against defendants who reside out-of-state can be more complex, as courts will review whether it would be fair to bring them into the court system from their home state. Courts will consider past contacts such as work travel or vacation visits as well as current contact to see if there is enough evidence that could warrant their presence before a judge.
Once your summons and complaint have been filed, your lawyer will pay someone to serve them to the defendant. Typically this would be done using a deputy sheriff or process server. They then have 30 days to file an Answer with the court denying your claims while maintaining that there was nothing illegal done against them.
Once a defendant has responded, your attorney will create a Bill of Particulars containing all of your injuries including medical costs and lost income as well as damages such as pain and suffering.
At Morgan & Morgan, we will conduct an in-depth review of your case to identify which state courts would be most suitable for filing your personal injury suit. After carefully weighing each jurisdiction against each other, we will suggest the one most beneficial to our clients’ interests. Furthermore, we will discuss all available options with you while keeping you apprised of potential challenges when filing against an out-of-state defendant.
Where the Defendant’s Property Was Damaged
Personal injury cases involving property damage require either insurance or assets that will cover any court award against a defendant, so it makes sense to file suit in their state of residence or business operations.
Plaintiffs must also ensure that the defendant is personally served with their complaint and summons. This can be achieved either through hiring a professional process server, or having the sheriff or constable serve it directly. Once served with their lawsuit, defendants have an allotted period to respond and respond before their response period ends.
As part of their lawsuit, the plaintiff will need to demonstrate that the defendant caused substantial property damage by providing evidence such as photographs, estimates for repair or replacement services, witness statements and police reports.
Plaintiffs must also demonstrate that property damage was caused by negligent conduct by the defendant, such as by comparing their actions with what a reasonable person would do in similar situations. For example, if your house were hit by a tree falling from your neighbor’s yard and it fell onto it without support being provided in time, this would demonstrate negligence as you could demonstrate this knowledge from them but failed to take necessary actions themselves.
Most personal injury lawsuits are filed after someone has been injured due to another’s carelessness; however, before going directly to court it is essential that attempts are made at settlement with their insurance company first.
Personal injury lawsuits typically need to be filed in the county where either an incident occurred, or where those responsible live or do business. This makes sense since this will allow witnesses who can provide vital testimony, as well as potential witnesses for prosecution to reside near them and serve as potential evidence against defendants who harm. Exceptions exist however: for instance a federal injury suit might need to be brought either where federal courts have jurisdiction, or the defendant resides.
Statute of Limitations
State and federal governments impose specific timeframes (known as statutes of limitations) for when you can file a lawsuit, which has an enormous bearing on whether or not you file one at all. New York for example has set three year statute of limitations for personal injury suits which is crucial since filing after this deadline could jeopardize your chances of receiving damages for injuries you sustained.
Start your lawsuit by filing a formal court document laying out your injuries and the amount you want in compensation from those at fault, followed by personally serving this document on them within a certain timeframe (usually 30 days from when you filed it) so they may respond either admitting to or denying its allegations. At this point, information exchange occurs between both sides, including possibly being required to give deposition (testify under oath) testimony or engage in other forms of discovery.
There are certain exceptions to the general rule that states personal injury lawsuits must be filed within three years from when injuries occurred, including minors not turning 18 yet and cases with tolling periods that extend until that time have been brought forth or waived off altogether.
No matter whether the statute of limitations has been tolled or not, consulting a lawyer as soon as possible after its expiration will allow them to begin investigating and gathering evidence and developing a solid legal strategy.
As well, it is highly advised that you continue medical treatment for your injuries, collect all invoices for property damage or lost wages and present them to your attorney as evidence of these damages in order to provide them with an accurate picture of what damages should be awarded in your claim. That is why it is crucial that you contact an experienced NYC personal injury lawyer as soon as an incident takes place.