Injuries and damages sustained by someone else’s negligence, reckless behavior or careless act all fall under personal injury claims. After an accident, you should seek legal representation.
In such situations, victims in Stockton, California, have the right to file a personal injury lawsuit to seek justice and get compensated for their injuries, losses, and damages.
The most common types of personal injury claims include auto accidents, slip and fall accidents, pedestrian accidents and motorcycle accidents.
If you have sustained serious injuries, or you know someone who has been injured, due to someone else’s negligence, then contact an experienced accident attorney right away.
Your attorney can assist you to file a personal injury claim and gain fair compensation that you rightfully deserve. Also, there is a time limit for you to take action before the expiration of the statute of limitations or you lose your right to file and recover in a personal injury lawsuit.
Step-by-step guide on how a Stockton personal injury lawsuit works:
Contact the Defendant by Sending Them Two Legal Documents
The first step in a personal injury case is to inform the defendant that you’re filing a lawsuit against them by sending them two legal documents. This includes:
- A complaint briefly describing why you’re filing a suit against the defendant, including what they did wrong and a prayer for relief, which states how much money you want the defendant to pay in compensation.
- Summon is another document that contains a description about you, the plaintiff along with other relevant details, such as what courtroom the case is being filed and the time period that the defendant has to submit an answer to.
The Response from the Defendant
Typically, the defendant has 30 days to submit their answer. When filing the response, the defendant informs the court as well as the plaintiff whether or not they admit to the allegations brought against them. If they think the allegations are false, then they will send you a counterclaim—a personal injury lawsuit against the plaintiff.
Furthermore, if they believe that the claims are invalid, then they may also file a motion. A motion is directed to the judge requesting the court to dismiss the complaint. However, it should be supported by an argument, such as:
- Lack of jurisdiction over the subject matter
- Lack of personal jurisdiction
- Insufficiency of service or the service of process
- Failure to state a claim upon which relief is granted
Although these are clever tactics of the defendant to deny their liability, if you have a seasoned Stockton personal injury lawyer representing your case, then they will provide the court with legal paperwork that justifies your reason to file a claim. If the defendant fails to submit the answer in a timely manner, then the court shall make a default judgment against the defendant.
- A complaint briefly describing why you’re filing a suit against the defendant, including what they did wrong and a prayer for relief, which states how much money you want the defendant to pay in compensation.
- Summon is another document that contains a description about you, the plaintiff along with other relevant details, such as what courtroom the suit is being filed in and the time period that the defendant has to submit an answer to.
The Discovery Process
Once both parties (the plaintiff and defendant) have notified each other, the discovery phase will begin.
This is the stage where both sides gather testimonies, evidence, documents and information from each other and from third-parties pertaining to the case. It can be in two forms—written and oral.
The written discovery includes questions, also known as interrogatories and requests for documents, while the oral discovery is a deposition during which witnesses, both parties and experts are questioned by personal injury attorneys in front of the court reporter who transcribes spoken words.
Resolve the Lawsuit
An injury law case can be resolved either through mediation and negotiation or by taking it to trial to pursue an injury settlement.
Mediation is a form of alternative legal action. It can be requested by any of the two parties at any time during the court case. During mediation, both sides are represented by their attorneys. They sit with a neutral mediator to negotiate a fair settlement offer.
However, if both sides can’t agree, then the case goes to trial where the judge gives the final verdict and orders a judgment for the winning party.
If you or your loved one is injured because of someone else’s carelessness, then get in touch with us today. As a result of your bodily injuries, you most likely have received medical treatment and incurred medical expenses, it’s possible you have property damage, economic damages, and lost wages or lost income. You have legal rights. Dealing with insurance companies is a pain. Don’t talk to the adjuster. We can help get compensatory damages when you’re suffering pain.
Schedule a free consultation with our experienced Stockton personal injury lawyers to discuss your lawsuit. We will evaluate your case and determine the best course of action in your situation. We will fight your personal injury case aggressively, making sure that you get the compensation that you rightfully deserve.
We work on a contingency fee basis, which means that you only pay us a contingency fee once you get compensated—not a dime before that. Contact us today and let us help when you need an attorney the most.
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