This section covers how to file a lawsuit for personal injury damages.
From the time you file suit to when you appear in court, you’ll have a lot on your plate. Some of the tasks include:
- Actually filing the lawsuit
- Serving papers to the defendant
- Organizing your evidence
- Preparing your case arguments
The court hearing will differ depending on where you file your lawsuit. Small claims courts are informal and don’t require an attorney. In higher courts, you’ll need an experienced lawyer who can navigate through strict legal procedures. You can also opt for arbitration, a form of alternative dispute resolution.
How to File a Personal Injury Lawsuit:
Learn the basic process of filing a personal injury lawsuit in small claims court. We include tips on how to plan your case, prepare witnesses and evidence, and present your argument effectively in court.
If you file an injury lawsuit in small claims court, you’ll be able to present your case to a judge, and perhaps even a jury. This maneuver can work in your favor, but in certain situations it won’t be worth the trouble.
When filing a lawsuit in small claims court, you must follow certain protocols. Your local clerk’s office can help you with the details and provide the proper forms. Here we take a look at what you can expect in the filing process.
Thoroughly preparing for your small claims trial is perhaps the most important part of winning. This section shows you how to organize and present your evidence, and how to make the most convincing case.
Actually presenting your case before a small claims court can be daunting. You can help your presentation by learning how to tell an effective story and presenting your evidence the right way.
Opting for a civil lawsuit can be a tough decision. There are many factors to consider including venue and jurisdictional limits. This section looks at why civil court may or may not be worthwhile in your situation.
The burden of proof in a personal injury lawsuit doesn’t work the same way as in a criminal trial. If you’re heading to court, make sure you fully understand this principle. It may also help to review how attorneys prove their cases.
After winning a lawsuit, the defendant may try to appeal the verdict, or will simply use the threat of appeal to get you to take a settlement. It pays to learn a few things about this final step of the civil litigation process.
Instead of filing a small claims lawsuit, you might opt for an arbitration hearing. This section helps you understand the process of arbitration, when it applies, and gives a comparison between arbitration and small claims court.
If arbitration seems right for you, then you need to understand how the process works. Here we discuss arbitration clauses, choosing an arbitrator and location, and the option of hiring an attorney to represent you.
Arbitration is less formal than court, but the process is similar. In arbitration, you’ll have more time to present your case and be able to take breaks. Learn the process of arbitration and get some tips to make the process go smoothly.
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My adult child was traveling straight, and someone else made a left turn in front of them. The other driver has no insurance. At first he claimed it was his fault, now he is blaming my adult child. Two of his passengers are suing ME! Child’s name and Dad’s name is on the title. Child... Read More >>
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Can a plaintiff recover any damage award for losing her fetus after falling down (not a medical malpractice cause of action)? In what circumstance would she be able to get a settlement? Thanks. Read More >>
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On April 4, 2011 we settled my personal injury case at mediation. It has now been 51 days and I still have not received payment. I’m wondering what’s the normal time frame for receiving settlement payment? Is there anything I can do to speed it up? Read More >>
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