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How to File a Personal Injury Case You may be able hold the person responsible for your injuries if the person was negligent. It's not an easy procedure, but with appropriate legal assistance and guidance, you can maximize the amount you recover. First, you need to submit a complaint detailing the accident, the injuries, and the parties that were involved. This step is best handled by a skilled lawyer. The Complaint A personal injury case begins with a plaintiff (the person who files the lawsuit) filing the legal document known as a complaint. It includes the allegations the plaintiff believes are sufficient to warrant a claim against the defendants, which may be able to entitle the plaintiff to financial damages or injunctive relief. It is a pleading . It must be filed in court and served on the defendant. The complaint must contain facts that explain what caused the injury and who is accountable, as well as what the damages are. These facts are typically gathered from medical records and documents including medical bills, witness statements and other forms of documentation. It is vital to collect all evidence related to your injuries so that your lawyer can develop your case to be successful in the lawsuit. During this period your personal injury lawyer will be working to show that the defendant is responsible to compensate you for your injuries, by proving that their negligence was the reason of your injuries. These claims are referred as “negligence allegations.” In personal injury attorneys iowa city has to be supported by specific facts that demonstrate the manner in which the defendant violated the law. Most common legal allegations involve the defendant being owed an obligation under law. They then breach this obligation and cause injuries. The defendant then responds to each of the negligence allegations with an answer. This is a formal legal document where the defendant either admits or denies the allegations. It also contains defenses that the defendant plans to employ in court. Once the defendant has replied to the defense, the case is moved to the fact-finding portion of the legal process known as “discovery.” During discovery, both sides will exchange information and evidence. Once all the documents have been exchanged, each of the parties will be asked to submit an motion. These motions can be used to request a change of venue, a dismissal of a judge or another request from the court. Once all motions have been filed, the lawsuit can then be scheduled for trial. Based on the information gathered during discovery and the motions filed by each party the judge will determine which way to proceed. The Discovery Phase The discovery phase is a crucial element of a personal injury case. It involves gathering information from both sides to build an evidence-based case. There are many methods of gathering evidence, but the most popular ones are interrogatories, requests for production and depositions. They are all designed to provide an established foundation for the case, prior to the trial. A request for production is a written request asking the opposing party for documents that are relevant to the case. This can include documents such as medical records, police records, and reports on lost wages. An attorney from each side can send these requests and then wait for the other party to respond within a specific time frame. Your lawyer can then use these documents to establish your case or prepare for negotiations or a trial. Your lawyer may also file a motion to compel that requires the opposing party to disclose information that you've demanded. This could be problematic in the event that the lawyer for the opposing side insists that the information is confidential or misses deadlines. The discovery process typically is between six months and one year. If you're filing a medical malpractice claim or another complex injury case, it may take longer. In a typical personal injury case your lawyer will begin gathering evidence from the other side within a couple of weeks after a complaint and citation are served on them. These requests may cover a variety of aspects, but most often, they are for documents, medical records or even testimony. Once your lawyer has collected lots of evidence, they'll typically schedule deposition. This is the time that your lawyer will question you about the accident under oath. A court reporter will record your responses and compare them to other witnesses. The questions will be either yes or no and you'll be given the supporting documents. It's a complicated procedure that needs to be handled with attention and patience. A skilled personal injury lawyer can assist you through this arduous process and help you get the justice you deserve. The Trial Phase The trial phase of a personal injury case is where both sides of your case present their evidence and give testimony to the jury or judge. This is a crucial step, and your attorney has to be prepared. This phase of your case typically lasts for about one year, but based on the degree of complexity of your case it could take longer. It is important to find an experienced trial lawyer who has successfully taken cases to trial in the past. They can assist you to get the legal aspects right for your case. At this moment in your case your attorney for the defendant could start offering settlements to you. They can be extremely beneficial especially if your injuries are severe and your medical bills are high. It is crucial to recognize that these offers may not be based on you really value. It is not advisable to accept these offers without first talking to your attorney about the options available to you. Your lawyer will work with you to determine the information that is crucial to give your defense attorneys during this stage of your case. This information could be detrimental to your case. The lawyer representing the defendant will review your case and determine the details they will need to gather to help prepare their defense. This includes statements of witnesses, insurance information photos, insurance information, and any other pertinent information. Depositions are another important aspect of this phase the case. In a deposition, the attorney will ask you questions under oath. You must answer these questions in a way that doesn't cause confusion or harm to your case. It is recommended to inform your lawyer about what you post on social media. Even if you think that the information is not private, you could be exposed to liability if a person who is liable sees the photo of your accident or other information. If your case goes to trial, the judge who is overseeing the case will select a jury on your behalf. The jury will be able to view your case and determine whether the defendant was negligent. The jury will determine if the defendant is responsible for your injuries , and should they be, what the amount. The Final Verdict The verdict of the case of personal injury is not the end of the story. The law in each state permits the loser to appeal against the verdict of the jury to an upper court. They can also ask to have the verdict reversed. While this may appear to be something that is easy to do, it is fraught with risk and is costly to pursue. Each side will present its evidence following a trial that involves an injury. This may include photographs of the accident scene, testimony of witnesses, and evidence from experts. The most crucial part of the whole procedure is the jury deliberation which can last for up to a few days, hours or weeks, depending on the size and complexity of the case. There are numerous additional steps that are involved in the trial process. The judge will determine the selection of an impartial jury (a difficult task, to say the least), as well as developing a specific verdict form and jury instructions to guide the jurors through the maze of facts and figures in the case. While the jury might not be capable of answering all of the questions at once but they are able to make informed decisions about who is held accountable for the plaintiff's injuries and how much should be paid for the damages, pain and other losses. Although it is costly and time-consuming, it is the most important aspect to settle an equitable settlement. In this regard, it is suggested that all parties involved in a personal injury claim employ the services of an experienced trial lawyer to assist during this crucial phase.