How to Start a Personal Injury Claim: A Step-by-Step Guide
Please note that informaiton provided in here is for general information only. It is not legal advice and should not be relied upon. If you have a legal question, you should consult a lawyer.
In this episode I'm going to break down how a personal injury claim is started or how you start a personal injury claim. People think a personal injury claim means a personal injury lawsuit, but actually the process starts way before lawsuit. It depends on the nature of the event that caused the injury. Whether it's a premises case, car accident case, medical malpractice, whatever it might be, injuries can arise in many different ways.
Pre-Litigation Steps
There are often pre suit or pre litigation steps that have to be taken in order to preserve your right to advance that claim in court. Many claims can actually end or resolve. Pre litigation, before anything actually gets filed in the courthouse or served on the defendant or defendants. A claim can be started without filing suit and most of the time it is started without filing suit.
Starting a Claim in Court
So, let's talk a little bit about how a claim is started in court. Generally, it starts with something referred to as initiating process or pleadings that initiate the cause of action, these are civil lawsuits. Very often that's referred to as either a complaint in some jurisdictions or claims or statements of claims. They're basically the same thing. It's a legal document prepared which describes the allegations of negligence, the parties being sued, what's the cause of action. meaning is it a negligence claim and the relief being sought. And in personal injury suits, it's generally money, okay, money, damages.
Filing and Serving the Lawsuit
There are strict timelines or deadlines within which the claim must be filed in the courthouse, meaning it has to be commenced. So even though there may be a pre suit, which may or may not be governed by timelines, oftentimes they are too, but pretty well everywhere, every jurisdiction I've ever heard about, has strict deadlines with respect to filing the lawsuit in court.
And so it's important not to wait, not to delay. If you think you might have a claim, even if you're not sure, it's best to reach out to a lawyer. Most lawyers will provide a free consultation so that you can make sure you're not missing any of the steps necessary to preserve your right to break a claim for your injuries and losses if necessary.
And also starting early gives you the opportunity or your lawyer, the opportunity to see if there's an ability to resolve your case without the added expense, commitment, and involvement of having to bring a lawsuit. If you go too late, the lawyer might not have any choice, but to file the lawsuit immediately. If you see the lawyer, when there's still plenty of time, There's a reasonable chance that your case can be resolved without litigation, lawsuit.
In today's day and age, with few exceptions, most jurisdictions require those initial pleadings, that initial lawsuit to be filed electronically. So lawyers will file that right from their office. These documents will be submitted to the courthouse and then documents can be served on the defendant. That will obligate the defendant, the party you're suing, to respond.
Defendant's Response and Insurance Company Involvement
Most personal injury cases are defended by insurance companies. So the insurance companies will typically either appoint a lawyer that works directly for the insurance company, or they'll appoint a lawyer on their roster in the jurisdiction that works for a private firm.
And the next thing we typically see would be a pleading or document filed by the defense where they're defending those allegations. So they'll typically be entitled to deny or admit the allegations made against them.
Most of the time the defense either denies or says they have insufficient information to admit or deny, but for the most part they put it upon the plaintiff, the person who commenced the lawsuit, to prove everything that's been alleged.
Defendants don't usually admit much, especially when the defendant or the defense is being managed by an insurance company. They generally want you and your lawyer to prove everything before they consider paying you.
Pre-Litigation Steps
There are often pre suit or pre litigation steps that have to be taken in order to preserve your right to advance that claim in court. Many claims can actually end or resolve. Pre litigation, before anything actually gets filed in the courthouse or served on the defendant or defendants. A claim can be started without filing suit and most of the time it is started without filing suit.
Starting a Claim in Court
So, let's talk a little bit about how a claim is started in court. Generally, it starts with something referred to as initiating process or pleadings that initiate the cause of action, these are civil lawsuits. Very often that's referred to as either a complaint in some jurisdictions or claims or statements of claims. They're basically the same thing. It's a legal document prepared which describes the allegations of negligence, the parties being sued, what's the cause of action. meaning is it a negligence claim and the relief being sought. And in personal injury suits, it's generally money, okay, money, damages.
Filing and Serving the Lawsuit
There are strict timelines or deadlines within which the claim must be filed in the courthouse, meaning it has to be commenced. So even though there may be a pre suit, which may or may not be governed by timelines, oftentimes they are too, but pretty well everywhere, every jurisdiction I've ever heard about, has strict deadlines with respect to filing the lawsuit in court.
And so it's important not to wait, not to delay. If you think you might have a claim, even if you're not sure, it's best to reach out to a lawyer. Most lawyers will provide a free consultation so that you can make sure you're not missing any of the steps necessary to preserve your right to break a claim for your injuries and losses if necessary.
And also starting early gives you the opportunity or your lawyer, the opportunity to see if there's an ability to resolve your case without the added expense, commitment, and involvement of having to bring a lawsuit. If you go too late, the lawyer might not have any choice, but to file the lawsuit immediately. If you see the lawyer, when there's still plenty of time, There's a reasonable chance that your case can be resolved without litigation, lawsuit.
In today's day and age, with few exceptions, most jurisdictions require those initial pleadings, that initial lawsuit to be filed electronically. So lawyers will file that right from their office. These documents will be submitted to the courthouse and then documents can be served on the defendant. That will obligate the defendant, the party you're suing, to respond.
Defendant's Response and Insurance Company Involvement
Most personal injury cases are defended by insurance companies. So the insurance companies will typically either appoint a lawyer that works directly for the insurance company, or they'll appoint a lawyer on their roster in the jurisdiction that works for a private firm.
And the next thing we typically see would be a pleading or document filed by the defense where they're defending those allegations. So they'll typically be entitled to deny or admit the allegations made against them.
Most of the time the defense either denies or says they have insufficient information to admit or deny, but for the most part they put it upon the plaintiff, the person who commenced the lawsuit, to prove everything that's been alleged.
Defendants don't usually admit much, especially when the defendant or the defense is being managed by an insurance company. They generally want you and your lawyer to prove everything before they consider paying you.
