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I Am Being Sued For Personal Injury – What to Do If You Are Being Sued Getting sued for personal injury is one of the most terrifying nightmares. It's important to know the procedure and what you need to do if sued. If someone (the plaintiff) asserts that a different party was responsible for the accident and they are entitled to compensation and a lawsuit is filed. They usually seek financial damages to cover medical bills and other costs. The Complaint You are being sued for a personal injury because someone believes you were at fault for an accident that caused them to get injured. The person or entity who brought the lawsuit will demand that you pay their medical bills and other expenses that come along with the injury, whether or not you're at fault. It can be a confusing and scary time. It is best to contact an experienced attorney right away to assist you. The first step in the legal procedure is to file a legal document called a complaint in court. This is the official start to the personal injury lawsuit. it provides the facts of the case along with the damages you're seeking. The plaintiff also needs to send a summons to the defendant, which is a document that informs the defendant that they're being accused of a crime and gives them a deadline to respond to the suit. Discovery is the process both parties participate in following the filing of a complaint. This is where both sides discuss evidence and attorneys present arguments to the judge. Once the exchange is concluded and a trial date will be set. At this point you need to have an attorney on your side who combines their knowledge of the law with the evidence and the facts of your case to present a convincing argument for why you should be paid. The Summons A summons is an essential document that starts a lawsuit. It must be filed by the plaintiff before they can sue anyone. A summons, if served with the complaint, serves two purposes: it is used to identify (the defendant) and informs him of the allegations in the complaint, and asks 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 a certain time limitation. If the defendant fails to do so and the plaintiff is not able to file a response, the plaintiff may be able to a default judgment. If you're served with a summons, it's important to contact an experienced personal injury attorney as soon as you can. Your lawyer will file an answer on behalf of you. The response will admit, deny or question each aspect of the complaint. Your lawyer will also request discovery, which could include document requests, interrogatories, and depositions from witnesses or drivers involved in the collision. It's often frustrating for a person being sued to invest the time and money to defend themselves. In certain cases it is possible for a defendant to figuratively or literally throw the summons on the floor and ignore it, hoping that the situation will be resolved on its own. Refusing to answer the summons can result in contempt and could result in imprisonment and a substantial fine. The Demand Letter A demand letter is an official document that demands the defendant to fulfill the legal obligations (such as fixing a problem or paying a certain amount of money or fulfilling an obligation made in a contract) and provides them with an opportunity to do this without having to appear at trial. This gives the defendant an opportunity to solve the issue on their own, without the need to appear in court. A well-written demand letter must contain a clear explanation of a dispute, along with a detailed list of damages suffered by the plaintiff. This should include medical bills or property damage, as well as lost income or wages as well as suffering and pain. The letter should also state the amount in dollars being demanded by the plaintiff. The letter of demand should be sent through certified mail with a return receipt to the defendant so that the sender can prove that the document was received. The letter should be delivered to an address that is permanent and not a temporary one or a business address. This will help avoid confusion and miscommunication in the future. The person who receives the demand letter can respond to it by sending a counter-offer. This doesn't necessarily mean they are in agreement with the specific demands and amounts mentioned in the letter however, it does indicate that they're willing to settle the issue out of court. The Legal Claim Negotiations with the person who is injured are possible during the legal claim stage. The goal is to reach an equitable settlement so that you don't have to go to trial, which can be costly and time-consuming. If your lawyer is unable to reach a settlement with the person who was injured, then your case may be referred to mediation or arbitration. At this point, the injured party will attempt to convince you they are entitled to compensation for their injuries and expenses. This could include medical costs as well as lost wages due missing work, emotional distress, and suffering and pain. Based on the severity of the injuries, you may be liable for punitive damages as well. The plaintiff must prove that you are at fault and that your injuries resulted in them a significant loss. It is the plaintiff's burden to prove this by a preponderance. This is a high threshold of proof that requires the help of an experienced personal injury lawyer. If your lawyer can resolve the matter outside of court, then you will receive compensation. However, if your lawyers cannot agree on the amount of the damages, the case will move to trial. personal injury lawyers near me present their arguments to a jury, which will then make the amount to be awarded.