Where to File a Personal Injury Claim
If you are injured in an accident, the next step should be notifying those at fault; this could include individuals, municipalities or companies.
Your personal injury attorney can assist in creating a demand letter with an exact dollar figure you expect the company to pay in compensation for your injuries. They can help determine an acceptable sum.
1. In the State Court
Lawsuits are formal legal proceedings initiated by an individual or business to hold them liable for negligence and damage. Lawsuits begin by filing a Complaint which details all allegations made against the defendant as well as compensation sought from them by the plaintiff.
Once this complaint has been lodged, the defendant has 30 days to submit their response, known as an Answer. In an Answer, a defendant may either admit any wrongdoing or provide their own defense strategy and strategy plan for response.
The defendant may require you to undergo a physical examination by their chosen physician in relation to the injuries you’re claiming, which your attorney can help prepare you for. They’ll also create a Bill of Particulars detailing all injuries and losses suffered as well as total costs (known as damages). This step usually precedes negotiations for settlement agreements.
2. In the District Court
Personal injury lawsuits typically arise from negligent acts, including car accidents, medical malpractice claims, dangerous conditions on other people’s properties and product liability claims. Tort Law defines such civil wrongs as civil offenses for which those responsible must compensate those injured by them.
Step one of any court case begins by filing the complaint, outlining your claims and damages. After this document has been filed, a summons is sent out to the defendant and your lawsuit can begin.
Personal injury lawsuits offer you many types of damages that could include pain and suffering damages, lost wages, disfigurement damages, loss of consortium losses and more. A lawyer will help you calculate these losses to pursue the most favorable possible result, while also making sure nothing said in court could be used against you later as testimony can easily get twisted out of context due to stressful and emotional environments of trials.
3. In the Circuit Court
Initial steps in any personal injury suit begin with filing a formal court complaint, outlining your legal basis and amount of compensation sought. Depending on the specifics of the case, this document may also include a summons – which legally mandates that it is served upon defendant within a specific time after filing it.
Proving that the defendant is responsible for your injuries and losses (called damages in legal parlance) requires considerable work and evidence collection, including documents like receipts and estimates, invoices, medical records, photographs, witness statements and surveillance/security video footage.
Once all discovery has been completed, a judge will set a trial date. If necessary, the plaintiff can request a bench trial which typically lasts faster and costs less than jury trials. Many injury cases resolve before going to trial stage; otherwise an appeal might be possible.
4. In the Superior Court
Under certain conditions, an injured individual may bring suit against multiple individuals, companies or governmental agencies that contributed to an accident. This usually happens when multiple people or agencies were responsible.
Once a complaint has been filed, it must be served on the defendant. At that point, they have an agreed upon timeframe in which to respond. Depending on local laws, serving this document could involve hiring a process server or sheriff’s deputy to deliver summonses directly.
Discovery Phase (or Information Exchange Phase) occurs between both parties to an accident claim and is used to exchange information and documents between themselves, with thorough and timely responses being of utmost importance. At this point, defendants have the right to request that you undergo a physical examination with one of their chosen doctors concerning any injuries you allege to have experienced due to your accident; such examination will then be recorded as evidence against you in court proceedings.