How to File a Personal Injury Case

Why Do You Need an Attorney When Filing?

Filing a personal injury case involves several steps, and it's important to consider seeking legal advice from a qualified attorney. Keep in mind that laws and procedures may vary depending on your jurisdiction, so consulting with a lawyer in your area is crucial

Guide to File a Personal Injury Case

Seek Medical Attention

Your health and well-being should be the top priority. Seek immediate medical attention for your injuries. Document all treatments, diagnoses, and follow-up care.

Gather Evidence

• Photographs and Videos: Take pictures and videos of the accident scene, your injuries, and any property damage.
• Witness Statements: Collect contact information from any witnesses. They may be asked to provide statements later.
• Police Report: If applicable, obtain a copy of the police report. This document can be crucial in determining liability.
• Documentation: Keep records of medical bills, prescriptions, and any other expenses related to your injury.
• Accident Report: If you were involved in a workplace accident, make sure an incident report is filed with your employer.

Preserve Evidence

Keep any damaged property, such as clothing or equipment.

Do not repair or alter anything until you've discussed it with your attorney.

Consult an Attorney

Find a qualified personal injury attorney with experience in cases similar to yours. They will provide guidance on whether you have a valid case and what steps to take next.

File a Complaint

Your attorney will draft a complaint outlining the details of your case, including the parties involved, the injuries sustained, and the legal basis for your claim.

Serve the Complaint

The complaint must be served to the defendant(s) along with a summons, which notifies them of the lawsuit.

Defendant's Response

The defendant has a set period to respond to the complaint. They may admit fault, deny liability, or offer a counterclaim.

Discovery Phase

Both parties exchange information and evidence related to the case. This may include depositions, interrogatories, and requests for documents.

Negotiation and Settlement

Your attorney and the defendant's attorney may engage in negotiations to try to reach a settlement before going to trial.

Trial

If a settlement cannot be reached, the case will proceed to trial. During the trial, both sides present their evidence, witnesses, and arguments. A judge or jury will then render a verdict.

Post-Trial

If you win the case, you'll need to collect the judgment. If you lose, you may have the option to appeal, depending on the circumstances.

Elements of a Personal Injury Case

1. Duty of Care: The plaintiff (injured party) must establish that the defendant owed a duty of care. For instance, drivers have a duty to operate their vehicles safely, and property owners have a duty to maintain a safe environment.
2. Breach of Duty: The plaintiff must demonstrate that the defendant breached their duty of care. This means they failed to act in a reasonable and prudent manner under the circumstances.
3. Causation: The plaintiff needs to prove that the defendant's breach of duty directly caused their injuries. There should be a clear link between the defendant's actions and the harm suffered by the plaintiff.
4. Damages: The plaintiff must have suffered actual damages as a result of the incident. This can include medical expenses, lost wages, pain and suffering, and other related costs.
5. Statute of Limitations: There is a specific time limit within which a personal injury case must be filed. This varies by jurisdiction and the type of case.
6. Insurance and Compensation: Often, the defendant's insurance company will be involved in the case, particularly in motor vehicle accidents or premises liability cases.
7. Negotiation and Settlement: Parties may attempt to reach a settlement before going to trial. This can save time, money, and emotional stress.
8. Litigation and Trial: If a settlement cannot be reached, the case may proceed to trial. Both parties present evidence, call witnesses, and make legal arguments. A judge or jury will ultimately determine the outcome.
9. Appeal (if necessary): If one party is dissatisfied with the outcome, they may have the option to appeal the decision to a higher court.
10. Collecting Judgments: If the plaintiff wins the case, they'll need to take steps to collect the judgment awarded.

Consult with an Experienced Personal Injury Attorney

In a personal injury case, the injured party (plaintiff) seeks compensation from the responsible party (defendant) to cover medical expenses, lost wages, pain and suffering, and other related costs.

Consulting with a qualified personal injury attorney is crucial for understanding your rights and pursuing a claim if you believe you've suffered a personal injury. Michael J. Englert, Attorney at Law can provide advice tailored to your specific situation and guide you through the legal process. Call +1 816-307-4023 to schedule your initial consultation.