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Filing an Injury Suit

Think You Have a Case? Know the process

If you’ve been injured through no fault of your own you have every right to file a lawsuit and to be compensated for your injuries. In addition to being compensated for pain and suffering, you can also be compensated for lost wages and your medical bills.

After your injury, you are probably wondering what’s next. The first thing you may want to consider is filing a police report or obtaining your medical records. If you have not obtained medical treatment, but feel it is necessary, then you should go to a doctor sooner rather than later.

You should also consult a personal injury lawyer to make sure that you are fully aware of your rights. He or she can advise you on whether they think you have a case. They can also tell you what fees they charge. Most personal injury lawyers offer free consultations.

After you’ve sought medical treatment for you injury, the next thing you want to do is figure out where to file your case. Most of the time, you will file in the state court of the county where the injury occurred.

After figuring out where to file your case, you or your lawyer will draft a complaint. The complaint is your story of the accident and tells what happened. The complaint also describes what damages you have suffered. You will want total all of your damages. If you have lost time from work, this will be included in your complaint. You should also gather your medical records and any pictures of the accident that you have. You will also want to ask for compensation for your pain and suffering in the complaint.

Once your complaint is drafted, you or your attorney will file it in the county courthouse with the clerk. Most personal injury cases are filed in state court. Filing fees vary according to county. Call the clerk’s office before filing your lawsuit to determine the filing fee.

After your complaint is filed, the defendant will need to be served with a copy of the complaint. In most counties, a sheriff will serve the complaint on the defendant. The cost associated with having the sheriff serve the complaint is usually included in the filing fee. Once the defendant is served he or she has thirty days to answer the complaint.

 

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