A tort claim can be either negligence, strict liability or intentional. There are two main issues in personal injury claim which include damages and liability. The extent of damages is what will determine if the defendant is liable and whether he or she should be compensated. Once you are able to prove liability and that damages occurred then you will be compensated for losing your property. There are several personal injury lawyers outside there are therefore when you have been involved in such an accident do not hesitate but hire a competent and experienced lawyer to assist you. The aim of this article is to discuss the major steps, processes and major landmarks that you should use as the plaintiff in order to successfully file a personal injury claim.
The plaintiff hires a lawyer
The plaintiff is the injured person who wants to be compensated. For any case that is legitimate to take shape you are required to hire a lawyer to assist you or else you might not be compensated. There should be proof that you as the plaintiff were injured and if there is no tangible evidence then your claim may not even pass the summary judgment stage. When an injury has occurred and the damage caused is severe it will mean that you look for an attorney who will assist you in the case so that your insurance company will compensate you.
Filling of the complaint for it to be served to the defendant
The first thing is that you establish that there is a case to be answered or that a legitimate case exists and then from there the personal injury attorney will file the complaint. Looking for an attorney is very crucial in this case because he is the one who understands well the legal procedures to be followed. After the filling the plaintiff’s attorney will take like a month to locate the defendant. Find out more tips here.
Defendant hires an attorney
The defendant is given some time to look for an attorney who will defend him or her in a court of law. It can be very easy for the defendant to look for an attorney especially if he has assets and any applicable insurance policy. The personal injury attorneys that the defendant should hire must have experience because they should be competent so that the defendant will also find justice. The defendant will be required to notify his insurance company earlier so that the insurance company will send its own lawyer.
The pre-trial process is a very important stage in your case as the plaintiff or the defendant. In this stage or process both of you, the plaintiff and the defendant will be required to give their evidences and witness and any information that may be required or that may be vital.
If the evidence and witnesses given are true then settlement will be necessary but most of the cases usually settle before the trial. If you are living in Texas you can go to any Texas personal injury law firm and you get free advice on how you can handle your personal injury case.
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