After you’ve been injured in an accident due to the negligence of another party, Where to File a Personal Injury Lawsuit?
You might be tempted to file your personal injury lawsuit in the state or county where the accident occurred, but if you want your case to be taken seriously and win damages at trial, that’s not the best option. Your best bet?
Read on to find out more about where to file a personal injury lawsuit and how to ensure your case has the best chance of succeeding with the help of an experienced personal injury attorney.
The first step is finding the right court
The first thing you need to do when considering where to file your personal injury lawsuit is identify what type of court system you will be filing under. There are two different types of courts in the U.S.: state and federal.
If you are unsure which court system your case falls under, it’s best to contact a lawyer and get their advice on the matter. You should also make note of what specific type of law you will be filing under, as different courts have jurisdiction over certain areas of the law, such as family law or bankruptcy.
The second step is filing the complaint
The second step is figuring out where to file your personal injury lawsuit. Depending on the severity of your injuries, you will have different options for which court you can file in. For example, if you are severely injured and need medical attention right away, you may want to file in a state with one of these expedited proceedings so that your claim can be heard as soon as possible.
If it is not an emergency situation, then it may be better for you and your case if there is more time before the trial begins. Depending on what state the incident occurred in, this timeline could vary greatly.
You will have many options for where to file your personal injury lawsuit depending on the circumstances of the incident. The second step is filing the complaint with the court.
The third step is serving the complaint
The third step in filing your personal injury lawsuit is the process of serving the complaint. If you are using an attorney, the attorney will take care of this step for you.
If not, you will need to get permission from the court before serving your papers. You can either serve your papers personally or through certified mail with a return receipt requested (which is recommended).
After service has been completed, you will then need to file what is called an affidavit of service, which basically just tells the court that everything was done properly and follows their guidelines.
The fourth step is discovery
Discovery is the process of getting information from the other party about your case. This information helps determine whether or not you have enough evidence to pursue a personal injury lawsuit.
Discovery is often done with discovery requests (formal written questions for the other party) and through interrogatories (formal written questions that are submitted in writing under oath).
It can also include formal written questions, called interrogatories, submitted in writing under oath.
The fifth step is trial
After trial, the judge will have the opportunity to make a ruling on your case. If the judge rules in your favor, the defendant will be required to pay for damages incurred.
The judge may also order that you be compensated for lost wages and other expenses related to your injury. If you are not satisfied with the decision, you may appeal.