How to Initiate a Personal Injury Lawsuit?

In personal injury cases, a lawsuit typically begins when the plaintiff or victim, files a complaint against the at-fault party in a court of law. These complaint documents are oftentimes very complex and technical and spell out all the pertinent facts and specific laws that the defendant has violated. They also explain the plaintiff’s wishes to the court including awarding damages and issuing specific orders that the defendant must follow in order for the claim to be resolved. This document is usually drafted by a personal injury lawyer and his or her legal team.

What is the next Step after the Complaint has been filed?

The defendant is normally given an opportunity to respond to the allegations in the document once it’s been filed with the court. This is commonly referred to as the “answer.” Conversely, if the defendant has a claim to file against the plaintiff in Miami, they can do so in what is called a “counter complaint.” During the earlier stages of the litigation process, relevant 3rd parties will be added by following various procedural steps.

The Pre-Trial Litigation Process

During this stage of the legal process, the plaintiff and defendant will ask for evidence and witness information to be shared between them. This is known as the “discovery” stage. The plaintiff and defendant will be asked to appear in court so the judge can be updated on the progress of the case. At this time, each party can agree to arbitration or mediation and a trial date will be set. As the case moves closer to the trial date, each party will engage in settlement conferences. This is also the time when motions will be made to establish the allowable evidence and the jury selection process begins. That is why it is important to seek the services of a personal injury lawyer to assist you through the process. And their experience matters in ensuring that you get maximum amount as damages.

What transpires during the Trial?

In most cases, the trial will only last for several days. The judge or jury will determine whether the defendant is liable for the plaintiff’s injuries and the damage amount that they are responsible for paying. Furthermore, the court’s decision can be appealed by either party, if they disagree with it.

As your personal injury attorney, Marcelo Saenz to help resolve the case in such a manner that you receive fair and reasonable compensation for your injuries and all applicable damages in the matter. If you believe that the other party is at fault for your injuries, we encourage you to contact our legal firm today and schedule an appointment to review your case.

(305) 441-5955