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

It can be one of the worst things that could happen to you. It is important to understand the procedure and what you should do if sued.

A formal lawsuit begins when a person (the plaintiff) asserts that another was at fault for an accident and that they deserve compensation. They typically seek monetary damages for medical expenses and other expenses.

The Complaint

Someone is suing you for personal injury, believing that you are responsible for an accident that resulted in their injuries. The person or entity that filed the lawsuit will demand that you pay their medical bills as well as any other costs that are associated to the injury, regardless of whether or not you are at fault. It can be a frightening and difficult moment, but it is important to locate an experienced attorney right now to assist.

The first step in the legal process is to file a document known as a complaint to the court. This is the first step to an injury lawsuit. it provides the details of the case along with the damages you are seeking. The plaintiff will also need to file a summons, which is a document that tells the defendant that they are being accused of a crime and gives them a time limit to respond to the suit.

After the complaint is filed, both sides will engage in a process known as discovery. Both sides will exchange evidence, and the attorneys will argue in front of the judge. After that the trial date is set. You will need an attorney who can blend their expertise in law with the facts and evidence of your case in order to build a strong case on your behalf.

The Summons

A summons is the primary document that initiates a lawsuit. It must be filed by the plaintiff prior to when they can sue anyone. A summons, served with the complaint, serves two purposes: it is used to identify (the the defendant), informs him of the allegations made in the complaint, and also requests to have him appear in court within the period of limitation applicable to the type claim being brought.

The defendant must reply to the summons within the specified time limit. If the defendant does not do so, then the plaintiff can obtain a default judgement.

If you receive a summons and you receive a summons, it's crucial to contact a knowledgeable personal injury lawyer as soon as you can. Your lawyer will prepare an answer on behalf of you. The answer will either acknowledge or deny each of the allegations. Your lawyer may also request documents, such as discovery requests, interrogatories, as well as depositions from witnesses and drivers involved in the crash.


It can be very frustrating for those who are being sued, to have to spend time and money to defend themselves. In certain cases the defendant may simply throw the summons to the floor and not pay attention, hoping that the case will be resolved itself. However, not heeding the summons could result in the court's contempt, which could result in jail and a large fine.

The Demand Letter

A demand letter is an official document that requires the defendant to perform a legal obligation (like fixing the issue, paying a sum of money or honoring an agreement) and provides them with an opportunity to complete the task without having to go to court. This gives the defendant an opportunity to settle the issue on their own, without the need of going to court.

A well-written demand letter must include a concise explanation of the dispute and an exhaustive list of damages suffered by the plaintiff, including medical bills and property damage, as well as lost income or wages, as well as pain and suffering. It should also contain a specific dollar amount that the plaintiff wants to be compensated for.

The demand letter must be sent via certified mail with return receipt to the defendant so that the sender has proof that the document was received. The letter must also be sent to a permanent address rather than an address that is temporary or the workplace, as this will help prevent confusion and miscommunication in the future.

The recipient may respond by sending a counter-offer. This does not necessarily mean that they agree with the specific demands and the amounts stated in the letter however, it does indicate that they're willing to settle the issue out of court.

The Legal Claim

Negotiations with the victim are possible in the legal claim phase. The goal is to reach an equitable settlement in order to avoid the need for a trial, which could be costly and time-consuming. If your lawyer is unable to reach a resolution with the person who was injured, then your case may be referred to mediation or arbitration.

The person who was injured will try to convince you that they deserve compensation for their injuries, and they have incurred costs. This may include medical expenses, lost wages due to the absence of work, emotional distress, and pain and suffering. Depending on the severity of the injuries, you could be accountable for punitive damages well.

The plaintiff has to prove that you're responsible and that your injuries caused them a substantial loss. The burden falls on the plaintiff to prove that with the help of a preponderance evidence. This is a high standard of proof that requires the assistance of an experienced personal injuries attorney.

If your lawyer is able to resolve the matter outside of court, you will be paid. However, if your lawyers aren't able to agree on the value of the damages, your case will be brought to trial. In personal accident lawyer of trial, both sides argue their arguments to a jury who will decide on the final award.

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