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I Am Being Sued For Personal Injury - What to Do If You Are Being Sued

Being sued for personal injuries can be one of your most terrifying nightmares. It is important to understand the process and what you need to do in the event of being sued.

A formal lawsuit begins when a person (the plaintiff) asserts that someone else was the cause of an accident and that they should be compensated. They usually seek monetary damages to pay medical bills as well as other expenses.

The Complaint

Someone is suing you for personal injury, believing that you are responsible for an accident which caused them to become injured. No matter if you were at the fault, the person or entity that filed the lawsuit wants you to pay medical bills and other expenses related to the injury. It can be a confusing and scary time. You should contact an experienced lawyer immediately to assist you.

The first step in the legal process is to file a document in court called a complaint. This is the official beginning of a personal injury case and it provides the details and the damages you're seeking. The plaintiff will also need to file a summons, which is a form of notice that informs the defendant they're being accused of a crime and gives them a time limit to respond to the suit.

Discovery is the process both parties participate in following the filing of a complaint. Both sides will exchange evidence, and attorneys will argue in front of the judge. Once this is complete the trial date will be determined. You will require an attorney who can blend their legal expertise together with the facts and evidence of your case in order to argue a convincing case on your behalf.

The Summons

A summons is one of the essential documents that begin the process of a lawsuit. It has to be filed before a plaintiff can sue anyone. A summons, which is served alongside the complaint, serves two functions: it identifies (the the defendant), informs the defendant of the allegations contained in the complaint, and requests that he appear before the court within the period of limitation for the type claim being filed.

When the summons is served, the defendant must file a response with the court within the specified timeframe. If the defendant fails to do so, then the plaintiff could be awarded an order of default.

Contact a knowledgeable personal injury lawyer immediately you receive a summons. Your lawyer will submit an answer on your behalf. The answer will either accept, deny, or question every aspect of the complaint. Your lawyer may also request discovery, which includes documents, interrogatories, and depositions of witnesses or drivers who were involved in the crash.

It's often frustrating for a person being sued to devote the time and money to defend themselves. In some instances it is possible for a defendant to figuratively or literally throw the summons onto the ground and ignore it, hoping that the case will go away on its own. However, refusing to answer the summons can result in the court's contempt, which could result in imprisonment and a huge fine.

The Demand Letter

A demand letter is an official document that requires the defendant to perform the legal obligations (such as fixing a problem or paying a certain amount of money or observing the terms of a contract) and gives them the opportunity to complete this task without having to go to trial. The defendant is given the opportunity to resolve the problem on their own without having to go to court.


A well-written demand letter must contain a clear history of the dispute, as well as a detailed list of the damages suffered by the plaintiff, including medical bills, property damage, lost income or wages, as well as pain and suffering. It should also include the dollar amount that is being demanded by the plaintiff.

The demand letter should be sent via certified mail with a return receipt requested to the defendant, so that the sender has proof that the document was received. The letter should be sent to an address which is permanent not a temporary one or a place of business. This will help avoid confusion and confusion in the future.

The recipient could respond with an offer to counter. This does not mean the recipient is in agreement with the demands and amounts specified in the letter, but that they are willing settle the dispute outside of court.

The Legal Claim

Negotiations with the injured party can be carried out in the legal claim phase. The goal is to get an acceptable settlement so that you don't have to go to trial, which can be expensive and time-consuming. If your lawyer fails to agree to a settlement with an person who was injured, then your case may be referred to arbitration or mediation.

The injured party will attempt to convince you that have a right to compensation due to their injuries and that they've incurred expenses. This could include medical costs and lost wages due to missing work along with pain and suffering, and emotional stress. Based on the severity of the injuries, you could be responsible for punitive damages as well.

personal accident lawyer must prove that you were responsible and that the injuries you suffered resulted in a substantial loss to them. The burden lies on the plaintiff to prove that by a preponderance evidence. personal injury lawyers near me is a high level of evidence that requires the assistance from a knowledgeable personal injury attorney.

If your lawyer is able to settle the case without court, then you will be paid. However, if the lawyers are not able to agree on the amount of the damages, the case will move to trial. In the trial, both sides present their cases to a jury who will determine the final award.

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