Personal Injury Lawsuit
People think that filing a personal injury lawsuit is not so difficult. The basic thing to do in the lawsuit filing process is to inform the defendant and the court about the basis of your case. But what if the defendant doesn’t respond? Most of the non-lawyers do not know how to handle that situation. A personal injury lawyer can help you in such situations.
This article will help you to understand about the basics of filing a personal injury lawsuit.
Difference Between Summons And Complaint
The first step of a personal injury lawsuit is to file a set of documents in the court. The next step is serving those documents to the defendant. You will have to prepare and file a complaint to explain the basis of your lawsuit. A complaint is a legal document that contains the legal and factual basis of your lawsuit.
Summons is a legal document that identifies the parties to the litigation. It also explains the defendant that they are being sued. The summons also contains the signature of a representative of the court and the seal of the court.
What Is Service Of Process?
Service of process is a legal term for serving the summons and complaint to the defendant. It is only completed when the defendant or a representative of the defendant receives the summons and the complaint. Usually, officials from the court, law enforcement officers, or professional process servers complete the service of process.
The service of process has a certain time limit. It should be completed within that time limit. Usually, the time limit of service of process is 30 days after you file the documents with the court. But if you cannot serve the defendant within the time limit, the court might extend the time limit.
Statute Of Limitations
Usually, the statute of limitations for a personal injury case is two years in most of the states. You need to file your personal injury lawsuit before the deadline expires. The statute of limitations begins when your injury occurs. If you don’t file your personal injury lawsuit before the deadline, you could never bring that lawsuit in court again.
Response Of The Defendant
The next step in your personal injury lawsuit is for the defendant to respond to your summons and complaint. The defendant can either respond to each of your allegations and either admits or denies each. Or, the defendant can file a motion to dismiss the lawsuit.
Niv Davidovich from Davidovich law firm in California is an experienced personal injury lawyer. He can help you with your personal injury lawsuit with his years of experience working with similar cases.