What Is The Process For Filing A Personal Injury Lawsuit?

If you have been involved in an automobile accident, you should seek medical assistance as soon as possible. Still, even if the doctor does not note any visible symptoms, that does not mean that you have been guaranteed freedom from any accident-related medical problem.

Such an issue might develop within the next 2 years. If you suspect that some newly-emerged symptoms reflect the effects of the past accident, then you may want to pursue a personal injury claim. Would you know how to proceed?

Goal sought by someone that is filing a personal injury lawsuit:

Let both the court and the defendant know about the reason for the lawsuit. Also, complete the filing process before the deadline.

First steps to be taken:

File documents with the court: Prepare a complaint. It should contain your name, the name of the defendant and the name of the court. A separate paragraph should give the legal theories behind your allegations, along with the relief that you have chosen to seek. Be sure to put your signature and your lawyers’ signature at the bottom of the complaint.

Serve papers on the defendant within 30 days of the incident and provide defendant with copy of complaint and a copy of the summons. Personal Injury Lawyer in St. Catharines know that a lawsuit must be filed before the statute of limitations expires.

Next steps in the process

Wait for the defendant’s response. It is now the defendant’s responsibility to review the information in the copy of the complaint. That includes the legal theories, which are supposed to support the filed allegations.

After reviewing those theories and allegations, the defendant’s understanding of your intentions should be clear. Still, that does not mean that your desires are known. Only a reading of the whole document can reveal the nature of the relief that you are seeking.

Defendants that receive a summons, along with a copy of the plaintiff’s complaint have 3 options available to them. That means that if you have written and filed a complaint, and have also arranged for the serving of a summons, then you should expect 1 of 3 optional responses.

You might receive a positive response. That would indicate the defendant’s readiness to admit to the charges in the complaint. Alternately, you might hear that the defendant has denied those charges. When defendants follow the third option, their response does not go directly to the plaintiff, the person that filed the complaint. Instead it goes to the court.

Understand that a defendant cannot send an order to the court. Yet defendants can file a motion with that legal institution. The person that files a motion has asked for the court’s consideration of a proposal. What could be proposed? It could be a case’s dismissal.

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