How To File A Lawsuit For Personal Injury

Filing a lawsuit for a personal injury is something that no one wants to do. The process can seem difficult and overwhelming to anyone and it is important to understand the steps needed to file this type of claim. A personal injury can occur during an automobile accident, a job injury, a physician or in another way. No matter what your issue, follow the steps below to begin the personal injury lawsuit process.

First, you will need to determine which court to file your claim in. in most cases; you will file your case in state court for the country the accident took place. For example, if you had an injury on the job in the county you live in, then you would file a lawsuit in the courthouse that is of that particular county.

#2 Paperwork

Next, you will need to collect the paperwork necessary to begin your lawsuit. You will need copies of all medical bills as well as your employment records. If you have missed work due to your injury, you will be able to show the loss of wages or salary incurred because of this. You will also want to gather together any physical evident you may have such as pictures of the incident, witnesses who were with you at the time of the incident as well as any other information.

#3 Total the Damage

Next, you will need to total the damages. You will need to determine the total cost that you will be asking for in your lawsuit. The total damages should include the following:

1.Medical Bills

2.Potential medical bills in the future

3.Loss of income due to injury

4.Property damage

5.Compensation for pain and suffering

6.Any possible punitive damages (punishment damages)

#4 Create the Complaint

Now it is time to create a draft for your complaint. This will be the formal document that will detail the basic facts of the incident. This draft will show how the incident occurred as well as when, where and who was part of the instance. The legal document will also have a summary of the injury incurred as well as the claim of damages.

#5 Filing

Now you are ready to file. Take your Complain to the courthouse that you determined at the beginning of this process. You will need to have a printed copy of the Complaint and sign it. You will then give it to an employee of the courthouse and they will take the document and assign it to a judge. Your Complaint will have a case number and you will most likely have to pay a fee for the document to be filed.

#6 Serving

After you have completed the above steps, a Summons as well as a copy of the Complaint must be served to the defendants in the case. A Summons is a notice that is given to the defendants to show that you have filed a suit, in court, against them. It is usually customary for the Summons to be given to the defendant by someone other than the filer of the lawsuit, so you may have to hire someone to deliver the document for you.

#7 Legal Advice

You can also seek legal advice in any personal injury matter. If you feel as though you need assistance in this matter, you can hire legal counsel. An attorney will be able to help you determine if you have a case and take the case to court. You can choose to hire an attorney to handle all of these steps for you or you can choose to file the case on your own.

Guest blogger is a personal injury lawyer and accept cases on a contingent fee basis. This means that in most cases you will pay nothing out of pocket to the lawyer, and will not have to pay anything unless the case is won.

Source: http://www.howitoo.com/finance-business-legal/how-to-file-lawsuit-personal-injury?utm_source=rss&utm_medium=rss&utm_campaign=how-to-file-lawsuit-personal-injury

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