A personal injury is one that is done to the body because of the negligent act of another person. When a person becomes injured because of negligence, they may have the right to seek compensation for their measurable damages. The first step in seeking fair compensation is filing a lawsuit.  Sometimes, injured victims feel the process is overwhelming and they may not be aware of the steps they need to take.

Filing a Lawsuit Is Straightforward

Although many people think the process is difficult, it is really straightforward. First, a person should
consider meeting for a consultation at Nicoletti Law Firm. A consultation appointment allows individuals to learn about their rights and the steps they will need to take to pursue their lawsuit.

Steps Involved in Filing a Lawsuit

There are a few steps individuals will need to take to start the process. Being aware of the steps will
assist individuals in preparing. Knowing what to expect will also help injured victims feel less stress as
they pursue a lawsuit in court.

1. Summons and Complaint

The start of a lawsuit begins with the injured victim filing paperwork in court. The papers are filed and then must be served to the defendant.  In the process of filing a lawsuit, injured victims must first draw up their complaint. The complaint is sometimes referred to as the petition. This document outlines the basis of the lawsuit. The complaint is a formal legal document that fully outlines the factual and legal basis for filing the lawsuit.  Some states require a summons to be filed. The summons identifies the defendant and who is suing them. When filing these documents, injured victims will be required to pay the filing fee.

2. The Service of Process

The service is process is simply a legal term that means serving the defendant with the legal papers. The
service of process will be complete when the defendant or their representative is handed the lawsuit
paperwork.  Anyone who is not a minor or part of the lawsuit can serve the papers on the defendant. In most cases, this paperwork is served by professionals, such as law enforcement, court officials, or process servers. In some states, plaintiffs are allowed to send the papers by mail.

3. Defendant’s Response 

After the paperwork is filed and the defendant is served, the next step in the process is for the defendant
to respond to the complaint. The defendant has a couple of options when responding to the complaint.
The defendant has a right to file an answer to the personal injury complaint. In this answer, they take
each numbered complaint and write up a detailed response. They can deny, admit, or do neither to each
of the claims. Also, the defendant has the right to file for a dismissal of the case. If the court ends up granting the motion for dismissal, the case would be thrown out of court. The court system also has the option of only throwing out a portion of the complaint.

 

Injured Victims Need to Be Aware of the Statute of Limitations

Every state has a statute of limitations injured victims must follow. The statute of limitations limits the time a person has to file a lawsuit. It is essential individuals are aware of their state's statute of limitations so they do not go past the time.

Schedule a Consultation Appointment
Scheduling a consultation appointment is an important first step in the process. While a person can
legally file a lawsuit without the help of an attorney, this is not advised. Getting legal help makes filing a
lawsuit easier.

 

Published by HOLR Magazine