Filing a Personal Injury Suit

Filing a lawsuit for personal injury cases involves a lot of paperwork and a dearth of knowledge regarding the personal injury laws that are practiced within the victim’s state of residence or the jurisdiction where the injury occurred. Anyone involved in a personal injury case should know and understand that there is a statute of limitations involved in filing a lawsuit or suing for compensation to repair damages incurred as a result of the accident. To file personal injury lawsuit it is important to have an experienced and knowledge attorney to advise you through the process.

Injury Statute of Limitations

Once the statute of limitations has passed, the victim or members of the victim’s family are no longer able to sue in a court of law for compensation. A personal injury can occur on unsafe premises, during an automobile accident, as a result of medical malpractice or as a result of a construction accident. The statute of limitations vary from state to state and most victims have anywhere from one to two years to file their lawsuit with the court system. Also, different types of personal injuries have different lengths of statute of limitations. If a victim is filing a claim against the government then they usually have only 60 days to file their claim. The statute of limitations begins when the injury occurs or when the victim discovers the injury is present in their body. If a minor is injured during a personal injury accident, the statute of limitations does not begin to countdown until the minor turns 18 years old. If the injury to a minor is a result of medical malpractice than the countdown from the statute of limitations begins almost immediately. Knowing all of this, a victim of a personal injury case should consult a personal injury lawyer immediately, especially if they do not know the precise time limit for filing a claim for their case.

How to File the Lawsuit

A person involved in a personal injury lawsuit should consult with a personal injury lawyer before deciding to file a case with the local court of law. A lawyer will be able to simplify the process, make sure that all of the proper paperwork is filled out, and make sure that all of the required deadlines are met when filing the lawsuit with the court. The first step in the filing process is having the lawyer write a demand letter and sending it to the alleged defendant in the case. The demand letter will include the plaintiff’s version of the story as well as the amount of money the plaintiff is seeking for the damages suffered. The next step is to file a petition with the court. This, in its simplest terms, is filing the lawsuit itself. Once the complaint is filed with the court it will then be sent to the defendant to notify them of the impending lawsuit. The lawyer will then participate in the discovery process, which is when any and all evidence regarding the case is collected and dissected.

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