If you have been injured due to someone else’s negligence, filing a personal injury claim could be the solution. Before doing so, however, there are a number of considerations.
Documenting injuries and damages sustained as the result of an accident is crucial, such as medical costs, lost wages and any other associated expenses.
Venue Rules
Venue laws exist within each state to govern where lawsuits can be filed; this differs from jurisdiction, which pertains to whether or not courts have authority to hear them.
Personal injury cases may be filed in the county where the accident took place; however, that doesn’t always guarantee it will be heard there; defendants could try convincing a judge that another county would be more suitable;
Venue in federal cases is determined by statutes like 28 U.S.C SS 1391 and special rules like 28 U.S.C SS 1413, with special rules such as 28 U.S.C SS 1392-1413 providing additional guidance. A defendant can move to dismiss your suit due to improper venue under a doctrine called forum non conveniens; should this occur, your suit may be dismissed outright; therefore it’s crucial that accurate medical records and supporting documents be kept – this gives your solicitor ammunition that may convince them and ultimately convinces courts to accept your case.
Statutes of Limitations
Statutes of limitations are legal regulations that outline how long you have to file a personal injury lawsuit in each state and can differ depending on which claim type you file – for instance medical malpractice lawsuits often have different filing deadlines than general personal injury suits.
In most states, the statute of limitations begins from the date that your injury occurred; however, there are exceptions such as the discovery rule, which states that it doesn’t kick in until you recognize or should have recognized both its source and nature of your harm.
Similarly, if the defendant left your state before you filed your suit, the statute of limitations may be tolled for that period of time. Speak to your attorney about these exceptions and state-specific laws before filing on your own. RAINN advises seeking professional legal advice prior to trying to file claims on your own.
Filing a Complaint
Personal injury cases start by filing a civil court complaint, which serves as the legal document that details your injuries, losses and requests for compensation. It should also contain factual allegations about how the accident happened.
An experienced personal injury attorney can assist in filing the appropriate complaint in the appropriate court and meeting its rules and requirements for documents to be presented before them. Most courts provide forms as a starting point, however you should tailor it specifically to fit the circumstances of your specific case.
Before filing a lawsuit, it may also be beneficial to negotiate with either the other party’s insurance company or your own, in order to reduce costs and strain associated with going to trial, while increasing settlement offers. Your lawyer can assist with finding fair compensation packages.
Serving Defendants
Suing multiple parties often is necessary when seeking compensation for injuries sustained in an accident, including car crashes. An at-fault driver may not be solely liable; negligent medical care from either doctors or hospitals could warrant filing a malpractice suit as well as product liability suits against manufacturers.
Before filing a lawsuit against someone, copies of summons and complaint must first be served upon them – this process, known as service of process, is typically undertaken by professional process servers or law enforcement officers. Depending on local laws, service could even take place outside their home state.
Once a defendant receives a summons and complaint, they have 21 days to respond and file their answer with the court; at which time it will decide whether or not to dismiss the lawsuit.